Research On The Protection Of Lessor's Rights In Automobile Financing Lease

Financial leasing of automobiles is a new auto finance model based on the leasing and purchasing method.To the lessor,the auto financing leasing business can effectively reduce the risk of direct investment and obtain relatively stable income;For lessee,the consumption threshold is lower,and can be flexible disposal of vehicles.However,the cases in which the lessee's delay in performing the rent obligation is sued to the court continue to rise,accounting for more than half of the total number of legal disputes over the automobile finance lease.Because the lessor has performed the main obligations of the contract in advance,the time limit for the lessee to perform the obligations is long,and the lessee lacks the necessary regulations to perform the obligations,and the phenomenon of the lessee's voluntary default seriously damages the lessor's rent claim and hinders the development of the automobile finance lease industry,so it is necessary to study the right protection of lessor.Taking the process of automobile financing lease contract as the context,this paper analyzes the risks of lessor's right protection from the three aspects of its signing,performance process and expiration of performance term.Firstly,the main risk of signing the contract is that the legal relationship of the auto financing lease contract is denied,so the industry standard system should be established and improved,and the industry standard should be formulated and the industry supervision should be strengthened.Secondly,the risk of the lessor's rights being infringed in the process of performance is mainly the lessee's illegal disposal of the automobile and credit default.In view of the risk of illegal disposal of the automobile,the registration system and mortgage system of the automobile financing lease should be improved.In view of the risk of credit default,the recovery right of the lessor and the third party recovery agency system should be improved.Finally,in view of the risk of adverse realization of asset disposal after the lessor gets the car back under the circumstance that the lessee does not stay to purchase the car after the end of the performance,we should improve the second-hand car market and establish a nationwide unified second-hand car evaluation mechanism and an open and transparent trading platform.