Research On Legal Risk Of International Finance Leasing In Construction

The development of China's financial leasing in the early days is still immature.The pilot financial leasing companies in the free trade zone have not yet been built,and there are fewer international financial leasing disputes.However,since 2012,with the promulgation and improvement of the registration and registration policies of foreign financial leasing companies,this Cases of disputes have increased year by year.Correspondingly,at this stage,Chinese courts and financial leasing companies have insufficient experience in dealing with cross-border financial leasing disputes,and the weaknesses are gradually exposed.On the other hand,the types of financial leasing business are constantly innovating and the forms are increasingly diverse,giving judicial practice and legislative status.It is a great challenge,especially in the international financial leasing business in the past two years.When the lessor is making cross-border investment claims,the demand for international financial leasing legal risks is becoming stronger and stronger.The international financial leasing in construction is a new business and new problem in the field of international financial leasing.Previous studies on international financial leasing have been used in mobile equipment such as aircraft and ships,as well as in the legislation of the International Finance Lease Convention.Research is a blank,and analysis from the perspective of legal risk management is even rarer.Based on the previous studies,the articlecombines the actual financial leasing in construction,from the perspective of the lessor,through the deep excavation of the nature and characteristics of the construction and international financial leasing,and identifies the inclusive rights faced by the lessor in the international financial leasing business.And the legal risks of creditor's rights,and put forward relevant suggestions on legal risk management based on the analysis of legal risks,in order to provide reference for Chinese financial leasing companies to carry out international business.The main structure of the article is divided into four parts,namely:In the first part,the article introduces the historical evolution of the financial leasing legal environment.First,it briefly describes the evolution of the modern foreign leasing legal system,and then introduces the legislative trajectory of China's financial leasing legal environment and international financial leasing in recent years.Subsequently,the article introduces the definition and characteristics of the international financial leasing in construction,highlights that the construction is not in contrast to the concept of real estate,and summarizes the three “uncertainties” in the international financial leasing of construction in terms of characteristics.After that,the article introduced the trading mode and legal relationship of the international financial leasing in the construction,and clarified that the financial leasing of the construction only has the characteristics of the direct leasing transaction mode.In the second part,the article takes the typical construction-power station facilities and ships as an example,and gives a trial case to identify the legal risks of the most relevant guarantees in the construction of international financial leasing.For example,guarantees,mortgages,etc.The impact of the construction of the international financial leasing business.The guarantee is the guarantee for the performance of the financial lease debt,and it is also the target for countering the lessee's default and the lessor's damages.The article analyzes the risk factors of the various uncertainties in the construction of international financial leasing,which will lead to the breach of contract.Focus on the way of legal risk management on cross-border guarantee issues.In the third part,the article discusses and analyzes legal risks through the twoperspectives of basic theory and leasehold,and integrates and collects the special risks of property rights,credit risk and special vessels under construction,and explores the essence of legal risks.In the fourth part,based on the analysis of legal risks,the article puts forward the risk management suggestions from the two time dimensions before and after rent.Prior to the rental,emphasis is placed on the due diligence of the project's cash flow stability and the tenant's ability to repay the loan.After the basic evaluation of the project and the lessee,the guarantee is carried out to guarantee the debt performance and the realization of the creditor's rights.After the lease,the construction of the construction is followed by the insurance.And the construction and construction progress management of the leased property will promptly discover and transfer the risk until the contract is completed or withdrawn.