Study On The Relief Of Financial Lessors’ Rights From A Functionalist Perspective

The financial leasing system is essentially evolved from the retention-of-title system and is provided for as an acquisition security right in the Civil Code’s security rights section.The financial lessor’s ownership is called ownership,but it is actually a security right,so it does not violate the basic principle of the law of property.Therefore,the way to realize the financial lessor’s ownership should also follow the relevant provisions of the security right system,which is divided into two types of public remedies and self-remedies.Under the public remedy,there are two paths,functionalism and formalism:the functionalism path mainly realizes the lessor’s right by applying the relevant provisions of the security right and accelerating the maturity of the claim;the formalism path mainly realizes the right by releasing the contract and exercising the right of retrieval,but no matter which path is chosen,the lessor’s ownership will eventually return to the legal content of the security right--The lessor’s ownership rights must ultimately return to the legal content of the security right-the right to be paid in exchange-and cannot be greater than the security right’s ownership rights.In addition to the public remedy,the lessor can also carry out its own remedy.The current self-remedy in China’s judicial practice is still confined to the framework of the cancellation of the contract and the agreement on the payment of the consideration,and it is advisable to expand the scope of the statutory self-remedy to better realize the remedy of the lessor’s right.