The Comments Of Finnancial Leasing Contract Disputes In Inner Mongolia Qiantai Companies

In the 1980 s,the introduction of domestic financial leasing as a new financing way,since it has the double characteristics and advantages of financing and leasing,after a short span of 30 years of development,has become one of the main financing way of enterprises in our country.With in-depth development of the financing lease business,contract of contradiction is more and more complex.Although have relevant laws and regulations as the standard,but in the judicial practice protean case still bring challenges to the people's court case.Inner Mongolia Qiantai industrial group co.,LTD.(hereinafter referred to as the "company")and Zoomlion financing leasing(China)co.,LTD.(hereinafter referred to as the "vanda")and Song Yunshan,ordos city,macro coal mining financing lease contract dispute case involving a financial leasing contract the lessor,the lessee,the equipment the seller,the guarantor as the main body,includes a variety of legal relationships,trial dispute focus much and the difference is bigger.Analysis of the case for handling similar financing lease contract dispute is of great significance.Considering there is no specific financing lease law in our country,and financial leasing in China is a rising star,the perfection of the financing level compared with the developed countries there is gap,on the basis of existing laws in our country combined with the relevant academic point of view,specific to investigate cases several disputes,mainly include:1,Qiantai Company whether the company shall be liable for breach of contract;2,Zoomlion company whether have the plaintiff lawsuit main body qualifications;3,whether Zoomlion company has exercised recall;4,Zoomlion company whether there is deliberately expand loss situation.Through the analysis,finally get the following conclusion:Qiantai Company signed with Zoomlion company legal and valid contract for financial leasing,detailed stipulate in the contract the rights and obligations of both sides,in the process of the contract,the company don't pay the rent in accordance with the contract,and the reason to refuse to pay the rent without facts and legal support,dry Thai company already constitute a default,it shall be liable for breach of contract;Zoomlion company between the financing lease contract with Qiantai Company as a connecting link,from our country civil procedure law and the theory of "contract law" of the litigation subject qualification,Zoomlion company is the proper subject;Zoomlion company had work with company terminate the financing lease contract,its back to the behavior of the device is for protect their legitimate rights and interests,also accord with the provisions of the financing lease in the relevant laws and regulations in China recall;Market turmoil appeared in the process of financing lease contract belongs to the normal commercial risk,risk control,the lessee shall do a good advance should not be borne by the lessor,the consequences.