Research On The Bona Fide Acquisition Of Financial Leases

In order to follow up the social and economic development,China has introduced a financial leasing system.Since the legal system of property rights disclosure and ownership in China differs from the origin of financial leasing,a series of different problems have emerged in the process of legal transplantation.Especially after the promulgation of the Property Law in 2007,the legal issues such as the goodwill of financial leasing have been highlighted.Through the case analysis of the judicial practice of bona fide acquisition of financial leases,it is found that the focus is the publicity of leases.It is necessary to analyze the causes from the aspects of the particularity of the ownership of financial leases,the necessity of applying bona fide acquisition and the publicity system of financial leases.In this paper,the author analyses the particularity of bona fide acquisition of financial leases from the perspectives of bona fide identification,delivery mode and so on.In view of the existing legal provisions and judicial interpretation,the effect of the protection of the lessor's ownership is not satisfactory.Finally,the author proposes to strengthen supervision and introduce credit insurance to protect the ownership of lessors.