Research On Guarantee Issue Of Aircraft Financing Lease

In recent years, Chinese aircraft financing leasing get a rapid development, guarantee process of financing lease transaction attaches great importance to the problem. In aircraft finance lease legal relationship, guaranty contract is extremely important. Guaranty contract types have different division standard. On the choice of aircraft finance lease guarantee way, in addition to the choice of traditional way of aircraft mortgage, lien on property rights and credit guarantee, in practice, There are other ways of guarantee like independent guarantee, default recall guarantee and compensation contract guarantees. In the aircraft finance lease guarantee business, the lessor and the lessee faces different risks. The lessor is the major risk burden of transaction, they may facing subjective risks like the lessee default risk, aircraft liens risk. Besides, there also have objective risks such as interest rate and exchange rate risks. The lessee's main risk is accident damage loss of aircraft. International conventions and domestic laws have stipulated a series of risk relief measures, to ensure that the parties can obtain rapid relief program; At present, there are some defects and shortcomings in the aircraft finance lease guarantee legislation, such as lack of aircraft lien, aircraft floating mortgage and the regulation of independent guarantee system. Therefore, the subject and object scope and sequence of civil aircraft lien need to be clear; The independent guarantee system need to be introduced to domestic; Scientific aircraft floating mortgage system need to be established; The implementation procedures and ways of aircraft mortgage need to be perfected.