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Financing Lease Contract Research

Author: GaoHaiYan
Tutor: SunWeiFei
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Financing lease Contract effectiveness Contract fails to fulfill Contract guarantees
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 327
Quote: 0
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Abstract


Financing lease originated in the 1950s the United States, because it is different from other advantanges of the financing way. Europe, Japan, Australia and other developed countries have used this kind of capital operation mode. Our country is in the 1980s to introduce lease financing business. Nearly two years, with rapid development of financing lease in China, the financial leasing contract as a financial leasing transaction product, to research financing lease contract better, will have important value to promote the development of the financing lease business. This paper, from the basic content of financing lease contract, analyzed the making of financing lease contract and the main clauses of the financing lease contract. And in the two chapters of being effectiveness and the performing of financing lease contract, mainly according to the regualations and law of PRC, the financing lease contract dispute typical cases, and the judicial practice in China to specify how to deal with the problems in the financing lease business, I analyzed the content of financing lease guarantee to our country finance lease, and finally put forward legislation thinking and suggestions.This article is divided into six chapters text.The first chapter is about the financing lease contract concept, characteristics, nature and development process. From the perspective of the concept of financing lease contract, draw out the financing lease contract, the characteristics of nature, and introduces the development course of financing.The second chapter is about the financing lease contract conclusion, the terms of the contract. Financing lease contract should have the terms, and the important terms for analysis.Through the first chapter and the second chapter explained clearly the basic situation of the financing lease contract.The third chapter is about financing the validity of the leasing contract..First research financing lease contract effective elements. Second, from the legal provisions affecting factors of financing lease contract is invalid.Again, the financing lease contract shall be invalid processing.The fourth chapter is about the financing lease contract performance. The judicial practice financing lease contract performance in the problem. Mainly from the point of view of the lessor and the lessee perspective to contract performance in the problems in this paper.The fifth chapter on financing lease contract guarantees. Introduce the judicial practice financing lease congtract guarantee judicial practice in our country, and the financing guarantee the company.Chapter 6 financial leasing contract legal advice. In the first five chapter is on the basis of financing lease contract, for our country puts forward his own thingking. On specific in the financing lease of effect of the determination, the scope of the lease item, the right of claim of the lessee, and to protect the lessee’s ownership of the resulting therefrom, in the current Chinese legislation system, according to related scholars point of view for if perfect our financing lease contract legislation and put forward own proposal.

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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