Analysis Of Scope Of Compensation For Breach Of Lease By Car Financing Lessee

Automobile finance leasing has become the mainstream consumption pattern of the automobile industry today,and it is very popular and popular in developed countries such as Europe and the United States.The auto finance leasing industry is also supported by China's government policies and market development,so its development is rapid.After reviewing the case of the Guangdong Provincial Court's dispute over auto financing lease contract in 2017,this paper can find that the focus of the trial is focused on the liability for breach of contract of the financial lease contract.This paper focuses on analyzing the obligations of the lessor and the lessee and the form of default of the lessee by highlighting the characteristics of the auto financing lease,and separately discusses the compensation items of the lessor's claim,aiming to more accurately evaluate the car through the above research.The risk of financing lease contracts can be guaranteed in practice by improving the terms of the contract.The paper consists of three parts:the introduction,the main text and the concluding remarks.The main text is divided into four chapters:The first chapter is the characteristics of the car financing lease and the lessee's responsibility.The analysis of the biggest characteristic of auto financing lease contract is unsolvable.It distinguishes the difference between auto financing lease and traditional financial leasing.It points out that the particularity of auto financing leasing industry determines that the lessee's responsibility is to fulfill the contract.The second chapter is the common default of the lessee.Starting from the contractual obligations of the lessee,combined with the common forms of default of the lessee found in the practical work,the degree of default of the lessee is summarized.The third chapter is the tenant responsibility in judicial practice.The scope of compensation from the lessor's claim and the scope of the lessee's judgment should be analyzed.It can be seen that the rent and attorney's fees are the scope of compensation supported by the people's court,and the liquidated damages must be based on the specific scope of the compensation.The fourth chapter is the legality analysis of the lessee's scope of compensation for breach of contract.In view of the practice,the five items with higher frequency appear in the claim of the lessor,namely,the rent,liquidated damages,the cost of realizing the credit,the security of the deposit and the legality of the use fee,In order to achieve a more accurate assessment of the lessor's litigation risk.