The Research On The Right Of Rescission Of Tenancy Contract

To study the termination right of the financial leasing contract,we need to first clarify the connotation of financial leasing contract and the right to terminate,as well as the current legislative status of termination right of financial leasing contract in China.Combined with the specific circumstances of the legislation and judicial practice,When the lessee fails to pay the rent as agreed,the lessor shall terminate the financial lease contract,which must be the failure of the lessee to pay the rent as agreed,resulting in the failure of the lessor to achieve the purpose of the contract.The termination of the financial lease contract should satisfy the two preconditions of calling for notice first and giving the breaching party appropriate time to remedy.When the lessee fails to pay the rent as agreed upon,the lessee shall,in accordance with the actual situation,choose the better method which can protect his or her own legitimate interests between accelerating expiration of the rent claim and the terminating the contract to recover the lease property.The application of the legal provisions of the lessee’s unauthorized sublease is controversial in practice.When the lessee subleases the leased property without authorization,Article 753 of the Civil Code shall be applied.At the same time,it should be clarified that since Article 753 of the Civil Code removed the act of unauthorized sublease from the cause that gave rise to the lessor’s termination right,in the financial lease contract,the lessor shall not request to terminate the financial lease contract because the lessee subleases the lease property without authorization.In the case of the lessee’s unauthorized disposal of the lease property,giving the lessor the right to terminate the contract does not guarantee that the lessor’s legal rights will not be infringed.Therefore,the lessor’s ownership should be further protected in the case of the lessee’s unauthorized disposal of the lease property,such as the establishment of the lease property registration system,the lessor’s retrieval system of the lease property,the lessee’s punitive compensation system,etc.When the lessor transfers the creditor’s right of the financial lease contract,the assignee only acquires the rights of the financial lease contract from the lessor,but not the obligations of the contract.Therefore,when there is a contract dispute,the lessee will face the difficulties in exercising the right to terminate the contract.For this reason,the lessee shall be allowed to renew the rights to the lessor in the financial lease contract,so as to protect the rights and interests of the lessee.In addition,when the lessor transfers the creditor’s rights,the lessor’s guarantee against defects in the contract shall be established,so as to guarantee the smooth performance of the financial lease contract.When the financial lease contract is terminated,the legal effect of the termination of the financial lease contract should be taken into account,that is,the problem of retrievals of the lease property and the dispute of damages compensation after the termination of the financial lease contract.For the retrieval of the lease property,the parties concerned shall be allowed to decide whether they should take it back in light of the actual situation,or take control of the lease item or preserve the property on the spot.As for the damage compensation when the financial leasing contract is terminated,the subject and scope of the damage compensation should be clearly defined,and the time point should be determined.Finally,the amount of damage compensation should be calculated through the specific financial lease contract.