Study On Legal Risk Prevention Of Lessor In Sale-leaseback Financial Lease Contract

Sale-lease-back financial leasing refers to the financial leasing mode in which the lessee sells the object owned by it to the lessor first,and then signs a financial leasing contract with the lessor to lease the object back from the lessor.This sale-and-leaseback mode is a form of financial leasing designed by the lessor to meet the financing needs of the customer(i.e.the lessee)and to improve the market competitiveness in the face of the ever-expanding market and increasingly fierce competition.The research shows that the sale-leaseback model has played a great role in supporting the equipment renewal of industrial enterprises,promoting the scale of agricultural economy,promoting the development of shipping industry and solving the investment and financing of small and micro enterprises.After the Second World War,financial leasing came into being and continued to grow.When financial leasing transactions became mature,people kept innovating on the transaction forms of financial leasing,including new forms of financial leasing such as sale and leaseback.China introduced the financial leasing system into China after the implementation of reform and opening up.At first,financial leasing showed initial development in China,but after a period of development,it gradually showed a weak momentum,and some disadvantages of financial leasing in the development process of China began to surface.Through the analysis of a large number of cases,the author concludes that most of the parties to the financial leasing litigation are the lessor in the sale-leaseback mode because of financial leasing contract disputes.The reason is that the lessee of the sale and leaseback brings the most risks to the lessor.In order to protect the rights and interests of the lessor and reduce the transaction risks of other stakeholders,a sound legal system of financial leasing should be established.Therefore,this paper will carry out some discussion on this issue,in order to effectively prevent legal risks for the lessor,the lessor’s rights are better protected.The article firstly introduces two typical after-sale lease back the lessor legal risks in the case,and the lessor for the legal risks as the breakthrough point,divided into legal ownership and creditor’s rights and legal risks,and performance of the two kinds of risk types and the causes for certain,after fully draw lessons from foreign advanced legislation experience and based on the analysis of the present situation of legislation in our country,hoping to prevent the lessor suggest some maneuverability strong legal risk and legal risk prevention measures.The paper is divided into five parts: The first part: Introduction introduces the author’s research background,the review of the current research situation at home and abroad and the main research methods;The second part: Introduces the case of ownership risk and the case of creditor’s right risk respectively.From the case,the legal risk faced by the lessor in the sale and leaseback financial leasing transaction is derived,and then puts forward the problem of how to prevent the legal risk of the lessor.The third part: Starting with the creditor’s right risk and the ownership risk,the author points out the specific performance of the legal risk faced by the lessor,and then analyzes the causes of the risk.The fourth part: analyze the extraterritorial law and the legislative status quo of our country respectively from the perspective of creditor’s right and ownership of the lessor;Part V: First of all,for the legal risk of ownership of lessor,the ownership of lessor should be publicized from the perspective of prevention.Based on the practice of the existing registration system,a unified financial leasing registration system should be established to register the ownership of lessor in financial leasing transactions,so as to make up for the deficiency of the traditional publicity method.Secondly,from the perspective of relief,improve the lessor’s right of recovery.For the legal risk of the creditor’s right of the lessor,it is suggested to establish the possession retrieval system,the financial lease reserve system and the standard terms of the financial lease contract to guarantee.The author analyzes type after-sales leaseback financing lease transactions in the lessor’s legal risk,the existing legal system in our country to protect the rights of the lessor,finally put forward the suggestion that the holder of the risk prevention,hope to be able to attach importance to the lessor,the protection of the rights to perfect the related system,to reduce the ownership dispute in the financing lease transactions and maintain transaction security and stability,promoting the financing rental industry rapid development in our country.