Protection of the Lessor’s Rights in Financial Leasing
|Course||Civil and Commercial Law|
|Keywords||Finance leases Lessor Protection of rights Legislative proposals|
Finance lease is a new type of transaction appears in the modern market economy under the conditions of both the dual functions of financing and financial matter, is the second largest after the bank credit financing. Westerners call it a \Lessor according to the lessee in a finance lease transactions specific requirements and vendor selection, funded to the vendor to purchase the leased object, and leased to the lessee to use the leased object, the lessee installments to the lessor payment of rent, in the ownership of the lease term lease object belonging to the lessor, the lessee has the right to use of the leased object. After the end of the lease term, the rent payment is completed and the lessee fails to fulfill all the obligations in accordance with the provisions of the finance lease contract, the lease object ownership is vested in the lessee. Financing and leasing business in the developed world has been the development of a relatively complete, like the United States, the United Kingdom, Germany, Korea, Japan, and several have developed a specialized legal planning and constraints on finance leases. But in China, due to the relatively short history of the development of the finance lease, finance lease is not deep Moreover, from the process of the finance lease transactions, with performance of the contract period (lease) longer finance lease, the lessee in the entire rent period possession of the lease, the leased property to the lessee are dedicated not have the versatility, the the lessor rents creditor realization is entirely dependent on the lessee's credit and solvency characteristics, therefore, the lessor in a finance lease transactions tripartite The parties in the interests of the most vulnerable to damage. China's \not full, these are seriously hampered the development of financial leasing industry in our country. This paper attempts to analysis on the basis of the legal relationship of the finance lease, a detailed analysis of a vulnerable situation in finance leases in lessor rights, and puts forward the methods and measures of protection, combined with property law, contract law, bankruptcy law and International Financial Leasing Convention and other international conventions on the protection of the rights of the lessor. This paper is divided into six parts, the first part of the introduction, a brief introduction in the introduction, generation development of the finance lease, the status of the lessor in the transaction, and the problems faced by; briefly introduced in the second part of the legal relationship of the finance lease and The basic rights and obligations of the main, on the important hub of the lessor in a finance lease transactions, which should strengthen the protection of the rights to the lessor; third section briefly describes the practice lessor interests vulnerable situation; first The four-part analysis of finance lease contract, the lessor interests vulnerable; fifth part of a complete set of financial leasing legislation lessor rights protection related recommendations; Part VI Conclusion.