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Research On Public Announcement System Of Financial Leasing Registration

Posted on:2019-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:J H LiFull Text:PDF
GTID:2416330596952593Subject:Law
Abstract/Summary:PDF Full Text Request
The rapid economic development is inseparable from the need for financing,and various financing methods have emerged.In a variety of financing methods,movable property financing leasing achieves the effect of financing in a melted way,and its effect of resisting risks is excellent.The financial leasing of movable assets first appeared in the United States after World War II.Because of its good financing effect,it was introduced by various countries.Now it has become one of the indispensable financing methods for all countries.Compared with other innovative financing methods,it has the advantages of simple procedures,low financing costs,and financial independence that can be used for tax savings.The introductory part first analyzes that the financial leasing of movable assets has been developed in China for more than ten years.After a long period of practice,many problems concerning the financial leasing industry of movable assets have already erupted.Among them,the lessee-owned lease item in the movable property finance leasing industry is vulnerable to infringement,that is,the leased property is often lost due to its good faith access to the system rules because it is not owned by its owner.Therefore,this article puts forward the central argument,that is,to improve the property rights of the leased property by perfecting the movable property financial lease registration system.The first chapter discusses the general movable property financial lease registration system.There are two major aspects,one of which is the theoretical basis for the registration of movable property finance leasing,that is,the change of propertyrights of leased property in movable property financing leasing under the existing property rights change model does not play a very good publicity role.Therefore,the need for movable property financing The lease registration system was complemented;on the other hand,it introduced two major functions of the movable lease registration system,namely,the priority of the registration of the leased property on the offensive property and the priority on determining the right to be deposited on the leased property.The second chapter studies the provisions of movable property financing lease registration system in the United States,Canada,Quebec and other international organizations through comparative analysis,and conducts research from the aspects of application subject,registration content and registration procedures,and compares their advantages and disadvantages.Foreign countries have already formed experience and improved China's movable property financing lease registration system.In terms of institutional design,the United States puts the registration of movable property financing leases into the movable property financing guarantee system for registration.In addition,the functionalism theory and declaration registration system of movable property financing guarantees in the US legislation are worth learning from and learning from;Canada's Quebec directly recognizes the legality of the registration of movable property financing leases,and if the lessor fails to register,the leased property will default to occupying it.Among them,Quebec Canada's registration system for movable property financing leasing is characterized by its movable financial leasing registrar system;this article also introduced the latest regulations and guidance of other international organizations on the registration system of movable property financing leasing for our country's Reference to the financial leasing legislation of movable property.The third chapter focuses on the study of the provisions of China's two movable asset lease financing registration systems and conducts a comparative study.This article compares the application subjects,registration contents and registration procedures of movable property financing lease registration,and summarizes and reflects on the comparison results.At present,the legislative hierarchy of China'smovable property financing leases is mostly regulatory documents such as departmental regulations and judicial interpretations.The contents of its provisions are beyond the scope of its legislative authority.In addition,due to the imperfect registration of movable property financing leases,it is easily obtained by a third party in good faith and the lessor loses its ownership.In the end,there are two major movable property lease registration systems in China.The necessity of its existence is also worth reflecting on.The fourth chapter studies the improvement of relevant legal systems for the registration mechanism of movable lease assets in China.This thesis firstly evaluates and analyzes the public movable financial leasing registration publicity system in China.Then,based on comparative analysis and value analysis,this paper proposes the conception of the design of the movable leasing,financial leasing and contract rules of our civil code contract number.Finally,it proposes improvement measures to further improve the registration system of movable property financing leases.The last part of the article is the conclusion of this article.The "registration" of movable property financing leasing transactions is different from the "registration" of property rights in traditional civil law.In the refinance financing leasing transaction,the acquisition of the lessor's ownership is not based on registration.The ownership of the registered ownership is based on the establishment of the sales contract and takes effect.Registration is only a matter of prioritization between the state of rights on the leased property and the determination of the right to bid.
Keywords/Search Tags:Financial leasing, Declaration registration system, Movable property guarantee, Registration publicity system
PDF Full Text Request
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