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Study Of The Legal Issues Of International Finance Leases

Posted on:2002-04-26Degree:DoctorType:Dissertation
Country:ChinaCandidate:J D LiuFull Text:PDF
GTID:1116360032456256Subject:International Law
Abstract/Summary:PDF Full Text Request
International financial leasing is a new topic in the area of international finance. Its emerge and development is the result of the combine effect of the post-war repaid expansive international financial capital and asset capital which is also a result of the increasing strenuous competitive international market. Marketing is the basis of the existence and development of financial leasing. It is also an important function distinguished from other financial instruments. Financial leasing being a new transaction definitely has its own distinguished legal framework. Furthermore the legal framework of the international financial leasing is more complicated in comparison with other area of financial law, the study of international leasing law is a relative immature both in and out of our country. On such basis, with the extensive literature review of the updated material and the use of the theory and method of international law, we will discuss several legal problems of international financial leasing in order to contribute to the process of unification of the law of international financial leasing; and the amalgamation work of legislation of financial leasing in our country and the outside world. One of the important developments of international economic law is the increase in the number and efficiency in the unification of the substantive law. In Chapter 1 of this thesis, we will discuss the historical development and the existing state of modern financial leasing; the basic functions of international financial leasing; and the nature and function of international leasing in the area of financial service trade. We aim to provide a better understanding of this new business and to study this matter in order to resolve the legal issues in international financial leasing. The basis of the substantive law of international financial leasing is the unification of the theory and practice of the legal framework of international financial leasing. In Chapter 2 of this thesis, we provide the legal framework credit ownership on the basis of the analysis of the major ideas of the legal issues in international financial leasing; We also provide the new outlines and the contents of the legal framework of financial leasing. Furthermore we will study its impact on the private financial law, the unification international financial leasing and the legal framework of international financial leasing. Comparative study is a common useful research methodology in the study of law. In Chapter 3, through the comparative study of the 4 major pillars, the legislation of financial leasing in various countries and 搕he Treaty on International Financial Leasing? we will discuss the existing state and current development of the legislation of international financial leasing in order to provide the theory and practice basis for the establishment of the legal framework of international financial leasing. Risk management is an important issue and concern of the experts in international economic law. One of their important tasks is to achieve international cooperation with a view to avoid various risk problems in the area of international economics. Financial leasing being a financial instrument does face various risks in the course of international business. In Chapter 4, we study the 4 possible kinds of risks which will be encountered in financial leasing. There is also a study of the redemption right of leased property, insolvency risk, tax revenue risk and the supervision system of international financial leasing. With these studi...
Keywords/Search Tags:International
PDF Full Text Request
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