Research The Parties' Rights And Obligations Of The International Financial Leasing Contract

The Financial lease is adapt to the new demands of market after World Warâ…¡, and it is a new trading model which sets financing and financial matter as one. International Financial Leasing refers to the multinational financial leasing, and it is an important way of the economic transactions between countries, on the other hand, it is a good way to use foreign investment for developing countries.The development of financial leasing industry is facing an important practical problem, which there is not clear regulations about rights and obligations of parties in the existing legal system, which greatly limits the healthy development of financial leasing. For the better development of such transactions, it is necessary to study specially rights and obligations of parties in international financial leasing contract.There are six sections in the first chapter of this article. The previous two sections introduces the basic knowledge of international financial leasing, such as its meaning, features, ect. The other sections analyze the rights and obligations of parties in international financial leasing contract, on the basis of this, we can see that the international financial leasing contract is similar but have significant difference with the traditional sale and leasing contract. The prevailing legal system can not be fully adapt to the rapid development of financial leasing business, then, the author proposes the related problems.The second chapter focuses on breach of contract and remedies of the parties in the international financial leasing contract. As the international financial leasing contract involves multi-party, that any one violates the contract will affect the interests of the other party or parties, so the party breach of financial leasing contract is more complex than the traditional one. The author analyzes the breach of contract and remedies of parties, and points out that there is not clear regulations to the rights and obligations of the parties in prevailing legal system, so that there is no flow way to remedy.The third chapter analyzes how to improve the rights and obligations of the parties in financial leasing legislation. There is not specific financial leasing legislation in China, and the existing legal provision is vague on the rights and obligations of the parties, and can not be fit for the real demands, which makes the disputes remain unresolved. The parties' interests can not be protected well.So, the author proposes that we should learn from the legislative experience from foreign countries, to provide the clear rights and obligations of the parties in single laws, and the author gives his own special views.