Research On The Claim Right Of The Lessee In Financial Leasing

Contract Law of the People's Republic Of China stipulates that:The lessor,the seller and the lessee may agree that any claim arising from the seller's failure in the performance of its obligations under the sales contract will be made by the lessee.As the sales contract is established by the lessor and the seller,the lessee has no right of claim according to the relativity of debts.However,most of the national legislation or legal precedent affirmed the legitimacy of the right to claim by the lessee.Although the 240~thh of contract law adopts the style of agreement about the right of claim,it is challenged by the form of legalization.There is no legal regulation about who and how to exercise the right of termination of sales contract if there is a major flaw in the lease.All the issues deed to be discussed.The first part of the paper introduces the basic theory of financial leasing,including legal definition and main features.The second part presents the causes of lessee performing the right of claim.Through analyzing the third party beneficiary theory and assignment theory in the American case law and combining with the existing legal system in our country,the author think we should better adopt the assignment theory.On this premise,it is reasonable to make an agreement than legalization about the exercise of claim.Lessee and lessor reaching a consensus about assignment of claim is adequate if seller knows the lessee in advance.The third part may solve the problem of whether the lessee can terminate the sales contract if he has the right of claim.Through analyzing and challenging the traditional views,it is possible that the right of termination is transferable.As a form of forming right,rescission right should be assigned to the lessee with the right of claim.Lessee has rescission right of sales contract.