On The Right Of The Lessor To Cancel The Financial Leasing Contract

In the financial leasing business,it is not uncommon for the lessee to pay the rent according to the contract.The lessor usually requests the lessee to pay the full and unexpired rent or cancel the contract and compensate the loss based on Article 248 of the Contract Law.When the court handled the dispute over the right to terminate the financial lease contract,it faced many difficult problems,especially the judgment of the lessor whether the right to cancel the right,the point at which the financial lease contract was terminated,and the liquidation after the financial lease contract was lifted.To clarify these issues,in a certain sense,it can enhance the certainty of judgments,reduce the phenomenon of different judgments in the same case,and promote the healthy development of the financial leasing industry.First of all,Article 248 of the Contract Law gives the lessor the right to terminate the contract and also exercises the right to terminate it.Restrictions have been imposed.These restrictions include: the right to cancel the contract cannot be loosened to the statutory right of rescission,the breach of contract must result in the inability to achieve the contract,and the "reasons" plus the "reasonable period" must be pre-positioned.Secondly,from the perspective of legislative purposes and litigation costs,the paper analyzes the relationship between the right to accelerate the payment of rent and the right to cancel: from the perspective of the interpretation of the text,the expression "may...can be..." in Article 248 of the Contract Law does not have to be The meaning of "simultaneous advocacy" is prohibited.From the perspective of legislative purposes,in order to balance the interests of the lessor and the lessee,the lessor who performs the contractual obligation has sufficient remedy option,which is inconsistent with the law and does not violate the legislative purpose,and " speaks in order " is also On the basis of the alternative claim,the rights of the lessor are further restricted.Therefore,"arbitrary claim" is preferable to "single claim" and "speak in order".Thirdly,in the case of the lessee paying the rent,if the lessor wants to exercise the right of contract cancellation,it needs to make two kinds of meanings,namely,"urging" and dismissing the "notice".Since the law does not limit the expression of the "advice" and the "notification",any expression of the meaning of the "notification" function and the "notification" function should be allowed.Therefore,the meaning of "urging" and "notifying" means that it can be made either by way of a court's service of the complaint or by retrieving the lease or restricting the use of the lease.Finally,from the perspective of the legal system,the balance of interests,and the principle of fairness,the legal effect of the termination of the financial lease contract is analyzed.It can be known that regardless of whether the lessor recovers the leased property after the contract is terminated,the damages finally obtained can be limited in the total amount of the damage.In the scope of the losses suffered,that is,all unpaid rent plus other expenses are reduced by the value of the leased property.