Protection And Perfection Of Lessor’s Rights In Financial Leasing

Financing lease is a kind of financial instrument and means of financing by means of leasing.Financing lease combines the traditional legal structure of sale and lease,and forms a new type of independent transaction with dual attributes of financing and financial property.Financial leasing not only promotes the innovation and upgrading of industries,broadens the financing channels of SMEs,but also plays a huge role in the introduction and growth of various emerging industries and accelerates the transformation of national economic structure.In the financial lease,the lessor is a double participant in the sales contract and lease contract,assuming dual responsibilities and obligations,the lessor’s rights may be subject to double infringement from the supplier and lessee.The lessor,as the owner of the leased property,does not actually enjoy the right of possession,use and income of the leased property.Because of this separation of ownership,the lessor often faces the risk of rights brought by such situations as the seller’s breach of contract,the lessee’s breach of contract,the change of the leased property rights and the bankruptcy of the lessee.Although the law of our country also stipulates the corresponding relief measures for the lessor’s rights,there are still some problems in practice,such as the lessor’s ownership of the leased property is not true,the right to retrieve is empty,and the choice of real right claims in litigation is a dilemma.Therefore,we should promulgate the financial leasing administrative regulations,construct the unified registration and publicity system of financial leases,perfect the lessors right to take back the leased property,so as to perfect the legal system of financial leases in China;at the same time,establish and improve the trading system of leased assets market,explore the procedures for guaranty companies to intervene in financial leasing transactions,and promote the leased creditor’s rights.Asset securitization,in order to enhance the participation of market mechanism and optimize the allocation of resources;for lessors,we should also constantly improve their risk prevention and control capabilities.Only in this way can we effectively protect the rights of Lessors in financial leasing and promote the healthy development of China’s financial leasing industry.