On The Issue Of Good Faith Acquisition Of Leased Objects In Financial Leasing

As a rising industry,financial leasing has developed rapidly after more than half a century,and has become the third largest financial service product after bank credit and securities business.The difference between financial leasing and traditional financing mode is that financial leasing has both the characteristics of financing and leasing.Financing is the purpose and leasing is the foundation.A major feature of financial leasing is that the owner(lessor)of the leased property is separated from the occupier(lessee),that is,the lessor only owns the nominal ownership of the leased property,and the lessee owns the tenure,use rights,and income rights of the copyright leased property.In financial leasing transactions,the leased property plays an important role in securing creditor's rights.However,in practice,due to the long-term possession of the leased property by the lessee,there is an illusion that the lessee has the ownership of the leased property,and then the following often occurs:during the lease period,the third party obtains the leased property in bona fide acquisitionwithout knowing due to the lessee's lack of right to dispose of the leased property;at the same time,the lessor's real property rights could not be effectively protected,and its rent claims would likely be lost as a result.The occurrence of the above situation indicates that the status of a bona fide third party is currently superior to that of the lessor on the protection of the property rights of the leased property.Under the existing legal system,the theory of bona fide acquisition has been affirmed,and financial leasing companies cannot avoid this realistic problem.This article raises the issue of bona fide acquisition of leased propertyby introducing and analyzing related cases of bona fide acquisition of leased property.Then,through the sub-research and analysis of the main characteristics of the financial lease,the theory of bona fide acquisition,and the relevant provisions of judicial interpretation,the reasons for the problem of bona fide acquisition of leased goods in the financial lease industry are revealed,and the problem of bona fide acquisition should be discussed deeply.Finally,in order to fundamentally solve the problem of obtaining the leased goods in good faith,and draw on the experience of the registration system of foreign-moving property financing leases,this paper puts forward the construction of the financing lease registration system in China,and call on the legislature to confirm the effectiveness of the registration system and the third party's Statutory inquiry obligations,thereby promoting the healthy and rapid development of the entire financial leasing industry.The article includes three parts:introduction,main body and conclusion.The introduction includes research background and significance,literature review,research questions and conclusions,thesis ideas and structure,and innovations.The main body part includes four chapters.The first chapter introduces the definition and characteristics of financial leasing,and paves the way for later problems.Then it introduces two cases of financial leasing(conflicts between ownership and mortgage,one property and two financing)and analyzes these two casesbriefly,and then submits problems in bona fide acquisition.The second chapter analyzes in detail the issue of bona fide acquisition in the financial lease.First,this chapter explains the theoretical basis and constituent elements of bona fide acquisition of movable property.Secondly,it analyzes the issue of bona fide acquisition in financial leasing,which mainly includes the causes,and the conditions for bona fide determination.Finally,in combination with the provisions on the bona fide acquisitionin the judicial interpretation of financial leasing,submit realistic problems and reflections.The third chapter focuses on the issue of whether the possession modification in the sale and leaseback business can be applied in good faith.First,it briefly introduces the meaning of sale and leaseback and the meaning and value of possession modification.Then it compares the viewpoints of related theories and conducts a brief analysis.Finally,it puts forward thoughts and suggestions based on the actual situation of the sale and leaseback business.The fourth chapter compares the legislative experience of public financial lease registration in other countries,and puts forward some preliminary ideas on the protection of real property rights in financial lease transactions in China.Under the existing legal system,relying on the existing registration platform,a nationwide unified movable property financing lease registration system has been established to improve the registration process of movable property leases.In the end,it is hoped that the legal effect of the lease property registration and publicity system will be confirmedthrough the formulation and promulgation of the Financial Lease Law.