Research On Recovery Of Leased Property Under Financing Lease

Finance lease,also known as financial lease,combines the characteristics of trading,credit and leasing,and achieves the purpose of “financing” in the form of “leasing assets”.However,due to the separation of the ownership and usufruct of the leased item in the finance lease,the lessee possesses the lease but not has the ownership of the leased item.it makes the lessors' property right protection challenged.In reality,if the lessee defaults or goes bankrupt or maliciously disposes of the leased item,the lessor's right to take the leased item back is seriously disturbed and greatly hindered.In view of this,this thesis takes the system of the lessor's recall right in finance lease as the research object.By analyzing the existing problems and defects in the current recall right system,suggestions are putted forward on how to improve the recall right system.In addition to the preface and conclusion,this thesis consists of four chapters in structure and content.The first chapter is “Introduction of the Finance Lease System”,first of all,it discusses the formation and development of the finance lease system;reviews and summarizes the development history and current status of the finance lease system in our country;at the same time,the author also explains theories of different nature of the finance lease contract combined with different understandings of the finance lease in different countries.The second chapter is “Nature and Exercising Conditions of the Recall Right in Finance Lease”,the lessor's exercise of the recall right is the right to request return of the property based on the lessor's ownership.This right is the direct embodiment of the effect of ownership,and this chapter mainly discusses such legal attribute of the recall right.This chapter also expounds and summarizes the conditions under which the lessor can exercise the recall right according to law;The third chapter is “Defects in the Recall Right System of the Lessor”.This chapter mainly aims at the malicious disposition of the leased item by the lessee,which results in the loss of the ownership of the lessor and the fact that the lessor cannot exercise the recall right of the leased item;the lessor can only seek the protection of ordinary creditor's rights due to the loss of ownership,and the protection status of ordinary creditor's rights exists in name only in reality;in addition,even if the lessor has the recall right of the leased item,due to the exercise styles and procedure requirements of the recall right are harsh,it's very difficult for the lessor to exercise the recall right.Even if the leased item is taken back finally,there is not much left in the value of the leased item due to the tedious process.Problems and defects of the recall right system of the lessor in the development and practice of finance lease in China are analyzed.The fourth chapter is “Improvement of the Recall Right System of the Lessor”.Based on comprehensively absorbing and learning from the status quo of domestic and foreign legislation,the registration system for finance lease in our country is established;the thesis puts forward its own views on endowing lessor special priority protection status in the finance lease and improving the way of the lessor's recall right,establishing the recall right system that is more in line with the national conditions and putting forward our own views for perfecting the recall right system in our country.