Research On The Realization Of Finance Lease Guarantee Function

As an atypical guarantee method,the guarantee function of finance lease can be analyzed from the perspectives of right nature,publicity effect,bona fide acquisition of the subject matter and right conflict.Under the view of substantial guarantee,finance lease is "called lease,but actually a guarantee",and the ownership of the subject matter of lease is not traditional ownership,but only a "nominal ownership" with security interests.In addition,the lessor in the financial leasing transaction can choose whether to register according to its own needs,and the registered ownership of the subject matter has the effect against a bona fide third party,that is,the registration counteraction rule applies.Sale and leaseback is a special form of finance lease.Bona fide acquisition of the subject matter will affect the realization of its guarantee function.In the case of bona fide acquisition of the subject matter,the ownership of the original right holder does not necessarily disappear,but may coexist with the "nominal ownership" of the lessor.However,the original ownership has precedence over the security rights of the lessor.In addition,under the circumstances of sale and leaseback,it is necessary to reconstruct the traditional requirements of bona fide acquisition: "transfer at a reasonable price" should not exist as an independent requirement,and the possession modification as a concept delivery mode can be used as a bona fide acquisition delivery requirement.Finally,if the financial lease lessor has registered the ownership of the leased property,it can fight against the mortgagee and the pledgee,but not against the lienor.For the atypical guarantee mode,the priority of rights should be judged according to the "registration antagonism".