The Study On The Legal Problems Of Lessor Fs Bankruptcy In Financial Lease

However this particularity leads to the insolvency of the insolvency of our application of the general provisions of the bankruptcy law will be in theory and practice will be contradictory and unfair.Mainly in the following areas:Whether it gives the insolvency representative the legal option to finance the lease contract so that it has the right to unilaterally terminate the contract;whether the leased property should be attributable to the insolvency estate;How to dispose of the lease item.Countries of Anglo American law system take a substantive approach to financial leasing,and in the bankruptcy proceedings in the bankruptcy administrator’s choice of restrictions,review,is conducive to balance between the lessor and the tenant’s interests in all aspects.Due to the particularity of the nature of the financial leasing contract,the unqualified legal option granted to the insolvency representative of the lessor violates the principle of fairness and damages the prospective interest of the lessee and even conflicts with the legislative spirit and practice of China’s financial leasing.Need to combine the parties in the contract agreement,the performance of the contract to limit the bankruptcy manager’s choice.The lessee has a real interest and an expected interest on the finance lease,for which the benefit shall not be attributable to the insolvency estate of the lessor.The insolvency proceedings should take full account of the financing lease contract,the lessee’s interest and the addition of the situation,the lease of goods to take a flexible approach.Through the strengthening of the role of creditors meeting,the introduction of insurance mechanisms,improve the financial leasing of specialized legislation and second-hand market approach in a macro-balanced manner in coordination with the interests of the lessor and the lessee.