On Financial Lease Lessor’s Right To Take Back

The financial leasing originated in the United States,with the steps of our reform and opening up to the public,closely following the situation of our economic recovery and prosperity,is slowly rooted in the environment of our economic development,and gradually develops into a financial leasing industry that suits our national conditions and has our characteristics.With the diversified development of market economy,financial leasing also shows its superiority and complexity that other industries cannot match.In financial leasing,in order to solve their own financing difficulties,capital chain break and other problems,the lessee will choose to lease other people’s assets at a certain cost to adjust their own operating conditions.The characteristics of this mode is that the lessee has no special requirements for the leased object,only because of the needs of the lessee to buy the leased object,and then collect fees from its installments;The difference between the rent and the amount of the lease item is the actual profit of the lessor.But in practice,during the lease period,the lease item is actually occupied and used by the lessee from beginning to end,and the lease item is generally a large movable property,and the lessee has the appearance of the right to dispose of it.In this case,the lessor’s rights and interests during the lease period are very vulnerable to infringement.Therefore,when the rights of lessors are infringed,it is very important to provide perfect multi-channel relief for them.Therefore,this paper takes the lessor’s right of taking back as the core of the research,and starts from the analysis of the nature of the Lessor’s right of taking back as the starting point,and makes it clear that the Lessor’s right of taking back is the right of taking back the original,which is the extension of the Lessor’s right as the owner.At the same time,the relevant norms in the current civil field are clarified.Because the provisions are relatively simple,they do not fit well with the problems in practice.Through case analysis,the main problems of the lessor’s right to take back are as follows: insufficient provisions of the right to take back in breach of contract,difficult balance protection of the interests of all parties in bankruptcy,and limited ways of exercising the right to take back.In order to better protect the rights of lessors and weaken the risk faced by lessors in the financial leasing,taking the current legal regulations of our country as the emphasis point,and referring to the suggestions of Chinese scholars,the following three aspects of improving measures are put forward.First,expand the exercise of the right to take back in default under legal conditions,make the standard of default rent flexible,and relax the restriction of the right to take back.Secondly,on the premise of clarifying the principle of how to exercise the option of the bankruptcy administrator,the lessor’s right to take back is regulated to some extent.Finally,the lessor is allowed to carry out self-fetching under certain conditions.