Research On The Issue Of The Lessor’s Right Of Repossession In The Financial Lease Contract

Based on the analysis of the interests of the lessor in the financial leasing contract,this paper chooses the right of return of the lessor as the research object,aiming at analyzing the nature,characteristics and exercise of the right of return,combined with the current legal provisions of our country.From the perspective of comparative law to make the provisions of the lessor’s recall right to have the operability,and truly realize the purpose of protecting the interests of the lessor.This article mainly uses the comparative analysis method and the law analysis method.As a result,the improvement of the system of the recall right is inseparable from the experience of foreign countries.Through the introduction of the related system of the financial leasing of different countries,it is can provide the solution for the improvement of the relevant system in China.At the same time,this article also focuses on the analysis and interpretation of the relevant laws and regulations in China,combined with the latest judicial interpretation,to sort out the different legal provisions for the same content of the right of retrieval,as far as possible within the existing legal framework to seek a unified application of the law.This paper is mainly divided into four parts:The first part is the basic knowledge of the nature,characteristics and rights of the right of retrieval.The author has sorted out and analyzed the various theories about the nature of the right of return in the academic circles,and carried out the analysis of the characteristics and origins of the right of retrieval.The second part introduces the means,condition and scope of the right of retrieval.This part analyzes the present situation of the development of public power in recall right in our country,discusses the legitimacy and feasibility of self-recovery.And It also analyzes the methods and principles used to determine the real financing contract relationship in our country as to determine the scope of the exercise of the recall right;At the same time,whether the object of the recall right can be applied in the real estate and intangible assets were discussed in detail.The third part introduces thethe system of goodwill acquisition and the registration system as its countermeasure.Firstly,it introduces the attempt of China’s financial leasing judicial interpretation to protect the interests of the lessor,and then introduces the present situation of the financial leasing transaction registration system in China,and puts forward the feasibility of the registration system by drawing lessons from the experience of other countries,including the establishment of a unified registration authority and approval method adopted by the government.The fourth part is about the improvement of the auxiliary system of the right of retrieval,including the establishment of the secondary market and the promotion of the compulsory insurance system.