| In recent years,financial leasing has become an important part of China’s financial services industry because of its trading model,which combines financing and melting.However,due to various reasons such as poor business management,the main participants of the financial leasing transaction,the lessor and the lessee,may enter the bankruptcy process.How to deal with the financial leasing contract that has not been fulfilled at this time is related to the vital interests of the parties.However,China’s current bankruptcy law does not have any special provisions on how to deal with financial lease contracts.If the general rules for the performance of contracts to be executed are applied,the balance of interests of all parties cannot be met,which makes it difficult for the lessor or lessee to withdraw from the market.Firstly,this paper attempts to clarify the formal characteristics and economic substance of financial leasing contracts by summarizing the legislation of financial leasing contracts in major countries outside the region.On this basis,we discuss several representative theories about the legal nature of financial leasing contracts,and confirm that the financial leasing contract is an independent contract type.Therefore,it is clear that the treatment rules of the current bankruptcy law of pending contract cannot be applied to the financial lease contract because of the particularity of the ownership of the finance lease.Then the paper starts from the bankruptcy of the lessee and the lessor,and discusses the problems faced in dealing with the financial lease contract in the bankruptcy process.When the lessee goes bankrupt,it first needs to solve the problem of the scope of the bankruptcy property,specifically the financing lease contract,that is,the ownership of the leased property;secondly,it solves the problem of the bankruptcy administrator’s choice,and analyzes the bankruptcy law rules that continue to perform the contract and terminate the contract and the impact on the interests of all parties.When the lessor goes bankrupt,if the manager cancels the contract and exercises the bankruptcy reclaiming right,the lessee will not be able to operate normally.At this time,it is necessary to restrict the right of bankruptcy.Then analyze the reasonableness of the two settlement ideas of the tenant paying the rent in advance to obtain the ownership of the leased property and the lessor manager to transfer the financial lease contract.Finally,combined with the previous analysis,this paper attempts to propose two feasible ways to efficiently deal with the financial lease contract in the bankruptcy process on the basis of the current law from a macro perspective. |
