Study On The Right Of Requisition Of Lessor Financial Leasing Contract In China

In 1981,the country’s first financial leasing company was founded.In the 1990 s,the development of financial leasing companies was frustrated,and then the banking leasing companies were successively produced.Until now,financial leasing companies have shown a thriving scene.As the industry develops,it naturally comes with disputes.According to relevant judicial data,since 2000,financial leasing disputes increase day by day.According to the statistics of the government,in the case of the leasing,the plaintiff is mostly the lessor,the defendant is mostly the lessee,and the lessor is the defendant.By now,the main dispute is that the rent owed is more common,and the second is the case where the lessee arbitrarily disposes of the lease item.In the entire financial leasing transaction process,the core is the lessor,who must provide the lease item,and also purchase the lease item according to the lessee’s request.Therefore,it is relatively important to protect the interests of the lessor.The most important thing is to ensure the realization of the rental claims.The lessor is a new force in the entire financial leasing industry.The protection of rights is related to the long-term development of the financial leasing industry.In combination with the provisions of the Contract Law on financial leasing,the relevant judicial interpretation of financial leasing and the provisions of domestic and foreign financial leasing,the lessor retains The ownership of the leased property is an important means to realize the rental creditor’s rights,and it has a certain degree of guarantee for the rent recovery.When the rent is not guaranteed,the lessor can exercise the right of taking back the lease to realize its guarantee function.Among them,the system of requisition in financial leasing is of vital importance to protect the rights of lessors.However,under the current legal framework,because of the system of good faith acquisition,the right to take back has some obstacles,and the function of ownership guarantee has been greatly weakened.Therefore,in this circumstances,the legislative supplement of the financial lease reclaiming system is particularly important,and how to strengthen the reclaiming system has become a top priority.In summary,this paper will discuss the theoretical basis of the domestic and foreign legislation on financial leasing,the legal nature of the legal right and the status quo of the financial leasing contract,and the limitations of the requisition system of the financial leasing system.Suggestions to promote the sound development of the financial leasing industry and contribute meager strength.