Research On The Legal Regulation Of The Ownership-right-mortgage In The Financial Leasing Contract

With the development of economy,Financing lease has become a common way for companies to seek financial support.Due to the characteristic of financial leasing business,in a common,Capital Leases are movable property such as machinery and equipment needed for the production of the companies,and showing the actual state of being occupied by the lessee for a long-term.According to the publicity principle that "in China,the approach of Announcement in movable property rights-possession and delivery",the rights for the lessee has a typical appearance as same as the nature of ownership,on the otherwise,appearance of rights cannot refers to the lessor anymore.If the lessee disposes of the financial leasing property maliciously at this time,relying on the Goodwill obtaining system of our country,any third party with good faith can acquire the ownership of the financial leasing property or the related mortgage property legally,thus damaging the ownership’s rights of the lessor seriously.In order to protect the lessor’s ownership of Capital Leases,the Supreme People’s Court issued the interpretation of the Supreme People’s Court on the applicable legal issues in the trial of financial lease contract disputes in 2014,which recognized the three customary ways for the lessor to protect its own ownership of Capital Leases in judicial practice,namely,identified a remarkable position on Capital Leases;and authorize the lessee to mortgage Capital Leases to themselves and the last one is make Capital Leases registered in a specific registration system.Among them,"authorize the lessee to mortgage Capital Leases to themselves" is worthy to a further study.Although the ownership-right-mortgage is recognized in judicial interpretation,this method of authorized Mortgage--In fact,it is contrary to the current civil law system of China.In the first chapter,the paper attempts to qutoe a case to leading the serious thought of the the ownership-right-mortgage;Chapter two try to expound the reasons and necessity of the ownership-right-mortgage from two sides: the development of financial leasing and the guarantee of the lessor’s ownership;In Chapter three,we will generalize the theoretical roots of this system by tracking of the mortgage system of the owner and the provisions of similar mortgage systems in other countries;We try to analyze practical dilemma of this system from the perspective of the existing civil law system and registration system in China;In the last chapter,we will try to guarantee the determination of the authorized mortgage system from the source of legislation,to realize the system from the perspective of registration and the other sides to improve this system.The paper hope through the above efforts,we can protect the rights of the lessor from the legal level,from the judicial practice,and more orderly promote the healthy development of financial leasing business.