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The finance leases property rights legal issues

Author: MaFeng
Tutor: LiMei
School: University of Foreign Trade and Economic
Course: International Law
Keywords: Lease Finance leases Property Rights Ownership
CLC: D913
Type: Master's thesis
Year: 2004
Downloads: 241
Quote: 5
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Abstract


The birth of the finance lease is sweeping the world since the 1950s , the trend of financial innovation in developed Western countries, the financing , as an important symbol of the modern leasing industry , has many unique trading characteristics . To specific areas of the law , these unique trading characteristics arising from the legal relationship changes also pose a challenge to traditional civil and commercial law : It breaks through the traditional civil and commercial law concept of ownership , guarantees , leasing agent and other legal relations , the creation of a a new type of special legal relationship for the legal profession to provide the challenging research material . Finance leases of property rights only in-depth study . The paper is divided into four parts : the first part is the overview of the finance lease . Introduce the concept and characteristics of finance leases and finance leases nature ; second part of \The parts two and three together constitute the core part of the article . Introduced the traditional Civil Law theory , and in-depth analysis of a finance lease transaction structure that can be reflected in property rights and materialized rights ; The third part of the finance leases property rights model building . In this section , the author describes several theories about finance leases property rights model exist in the modern sector of the theory , and on the basis of these theories , and the second part of the analysis for finance leases of property rights , emoticons to build their own property rights mode - floating ownership theory . The fourth part of \Introduced in the United States, Russia , Italy , Belgium, the German legislation on finance leases , as well as international finance leases Convention , and a brief commentary for our current finance lease legislation point .

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