An Analysis Of The Handling Rules Of Financial Leasing Contracts In Bankruptcy Liquidation

Financial leasing transaction is a comprehensive transaction that combines different kinds of integration.It is the result of the innovation of business transaction model in the process of social and economic development.With the continuous development of the financial leasing industry,on the one hand,as the subject matter involved in the financial leasing exchange is mainly high-value objects such as ships,aircraft,machinery and medical equipment.Once the companies enter bankruptcy liquidation procedures,different legal concepts and treatment methods will have different impact on both parties and all creditors of the contract.On the other hand,the financial leasing transaction itself is very special and there are disputes in theory and practice,China's current Corporate Bankruptcy Law and its interpretation are not enough to solve various problems.Therefore,it is particularly important to form consensus on related issues in legislation and practice.This paper has four chapters in total.It discusses the current treatment,existing problems and perfect suggestions of financial leasing contract in bankruptcy liquidation.Chapter one is about the basic theory of financial leasing contract.Mainly from the definition of financial leasing contract in foreign countries and in China,We try to summarize the basic characteristics of the legal relationship in this deal,and then analyze the specific impact of different identification on its treatment in the bankruptcy liquidation process.Chapter two puts forward some problems in dealing with financial leasing contract in bankruptcy liquidation.These problems include the specific content of the contractual creditor's rights that have been fulfilled,the handling rules of the financial leasing contracts that have not been fulfilled,the exercise method of the option right of the financial leasing contracts that have not been fulfilled,and how the bankruptcy administrator exercises the right of withdrawal,etc.Then the author studies and analyzes these problems.Chapter three mainly discusses how to deal with the financial leasing contract in the bankruptcy liquidation procedure caused by factors other than the application of law.These problems include the insufficiency of the court's examination function,the imperfection of the appointment and management system of the bankruptcy administrator,the lack of effective legislative guidance on financial leasing and the lack of connection with the accounting system.In the last part,based on the analysis and research of the above problems,some suggestions are put forward to improve the treatment.I suggest that we should define the financial leasing contract as a special type of contract,and then add special rules to deal with this kind of contract.Then,I also analyze the rules of dealing with the financial leasing contract from the perspective of the bankruptcy of the lessor and the lessee.From the perspective of lessor bankruptcy,I suggest that the right to terminate the contract and the right to retrieve the leased property should be appropriately limited,and then the bankruptcy administrator's right to transfer the financial leasing contract should be added.In the case of the lessee's bankruptcy,I suggest reducing the lessee's burden in performing the contract,and at the same time,in order to take into account the interests of the lessor,setting the right of recovery as a relief way to balance the interests of both parties.Finally,I made some suggestions outside the law.These suggestions include registration of the leased goods,establishment of the transaction market of the leased goods,etc.I try to make up for the lack of law through these suggestions,and I also hope to provide reference for judicial practice.