Study On The Legal Issues Of Bankruptcy In Financial Lease Transactions

Since the concept of financial lease was introduced to China in the 1980s,it has been widely used,and financial lease transactions have become an important means of financing and financing used by enterprises.The combination of financing and melting has determined that it is different from traditional leasing transactions.This feature is the advantage of financial lease transactions,but at the same time it also brings some problems.This paper mainly studies how the financial lease contract and leaseholds should be handled when the lessee or lessor goes bankrupt.The opening part of this paper analyzes the concept and nature of financial lease,combines various theories and the existing laws and regulations in China,and clarifies that the ownership of financial lease has special characteristics,which leads to the specialty of financial lease when the bankruptcy rules are applied.The lessor's leasehold ownership of ownership is severely weakened in terms of ownership,and the lessee is able to obtain substantial economic benefits through the use of the leased property.Then,the article analyzes and studies the bankruptcy law rules applicable in the financial lease at the two levels of the lessee and the lessor.Finally,the article proposes two ways and means at the macro level to ensure that the financial lease contract and lease items in the bankruptcy process are processed and resolved in a timely and effective manner.