论我国融资租赁合同转让时承租人的权利保护
发布时间：2018-08-11 18:09
【摘要】：我国于20世纪80年代出现融资租赁以来,近三十年的时间里,融资租赁得到了飞速的发展。它渗透到各行各业,为缺乏资金的中小企业寻求到解决方法。作为近年来新兴发展的汽车行业,也出现了融资租赁的身影。汽车销售公司看到了融资租赁行业的优势及发展前景,即融资租赁不需要承租人支付购买货运汽车的全部价款就能取得货运汽车的占有、使用的权利,让有意向购买货运汽车的购买者选择与融资公司和汽车生产商签订融资租赁合同来取得货运汽车,货运汽车的购买者便成了融资租赁的承租人。在融资租赁合同的签订过程中,与承租人洽谈的一直是而且只有汽车销售公司,但汽车销售公司并不成为融资租赁合同的主体,而是通过融资公司与汽车销售公司签订债权转让合同而取得融资租赁合同的权利义务。融资公司单方将融资租赁合同的权利义务转让给汽车销售公司,一旦出现汽车购买者(即承租人)不按融资租赁合同约定支付租金的情况,汽车销售公司就以债权转让合同起诉汽车购买者,要求其支付租金、违约金或者返还租赁物等。融资租赁合同之所以产生纠纷大都是因为承租人未能按照合同的约定履行支付租金的义务,故为了防止因承租人违约造成出租人的损失,所以对出租人的保护日见成效,且法律的规定也非常完备,但是在融资租赁合同转让时,承租人和出租人的权利义务保护还缺乏相关法律法规的规定,这让越来越多的汽车销售公司利用这种毫无风险的融资租赁模式销售汽车。在司法实践中,对债权转让合同的效力认定成了整个审判的重心,承租人的权利保护与汽车销售公司、融资公司相比严重失衡。本文主要以融资租赁合同转让过程中,承租人在融资租赁合同中享有的权利为研究对象,通过对融资租赁转让时承租人的权利实现受到什么样的障碍来进行分析,以期达到明确承租人的权利与义务,并对融资公司债权转让、汽车销售公司的债权取得进行必要限制,规范汽车销售市场、完善承租人权利保护制度的目的。全文共分以下几部分,绪论部分针对融资租赁合同转让时对承租人权利保护的缺失,揭示本文研究的意义与价值。第一部分为融资租赁合同概述；此部分中通过对具体案例的分析,结合具体案例,探讨怎样认定融资租赁合同的转让及其效力问题,揭示融资租赁合同转让在司法实践中确实存在问题。第二部分为融资租赁合同转让时承租人权利实现的障碍；这部分揭示研究融资租赁合同转让的价值所在,转让时对承租人的权利的影响。第三部分为融资租赁合同转让时承租人权利保护制度的完善。针对第二部分融资租赁合同转让时承租人权利实现的障碍提出切实可行的制度完善方案,以期实现对融资租赁合同转让时承租人权利保护的法律空白填补,切实让承租人、出租人和受让人之间的权利达到民事主体之间的平衡,以促进融资租赁行业和汽车行业健康持续的发展。
[Abstract]:Since the financial leasing appeared in the 1980s in our country, the financial leasing has developed rapidly in the past 30 years. It has penetrated into all walks of life, seeking solutions for the small and medium-sized enterprises lacking funds. As a newly developed automobile industry in recent years, the financial leasing has also appeared. Automobile sales companies have seen financing. Advantages and development prospects of the leasing industry, that is, financial leasing does not require the lessee to pay the full price of the purchase of freight cars to obtain the possession of freight cars, the right to use, so that interested buyers of freight cars choose to sign financial leasing contracts with financing companies and automobile manufacturers to obtain freight cars, freight cars. In the process of signing the financial lease contract, the automobile sales company has been negotiating with the lessee, but the automobile sales company does not become the main body of the financial lease contract, but obtains the financial lease by signing the creditor's rights transfer contract between the financing company and the automobile sales company. The rights and obligations of the contract. The financing company unilaterally transfers the rights and obligations of the financial lease contract to the automobile sales company, and in the event that the automobile purchaser (i.e. the lessee) fails to pay the rent as stipulated in the financial lease contract, the automobile sales company sues the automobile purchaser with the contract of assignment of creditor's rights, requesting him to pay the rent, the liquidated damages or Financial lease contract dispute is mostly because the lessee fails to fulfill the obligation to pay rent as stipulated in the contract, so in order to prevent the lessor's loss caused by the lessee's breach of contract, the protection of the lessor is increasingly effective, and the legal provisions are very complete, but in the financial lease contract transfer In judicial practice, the validity of the contract of assignment of creditor's rights has become the focus of the whole trial, the protection of lessee's rights and automobiles. Sales companies and financing companies are seriously out of balance. This paper mainly focuses on the rights of the lessee in the financial lease contract during the transfer of the financial lease contract, and analyzes the obstacles to the realization of the lessee's rights during the transfer of the financial lease, so as to achieve a clear understanding of the lessee's rights and obligations. The paper is divided into the following parts. The introduction part aims at the lack of protection of lessee's rights during the transfer of financial lease contract, and reveals the significance and value of this study. The second part is the realization of lessee's rights in the transfer of financial lease contract. The third part is the improvement of the protection system of lessee's rights during the transfer of financial lease contract. The scheme aims at filling the legal blank of the lessee's rights protection when the financial lease contract is transferred and realizing the balance between the lessee, lessor and transferee's rights, so as to promote the healthy and sustainable development of the financial lease industry and the automobile industry.
【学位授予单位】：云南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.6
本文编号：2177817
[Abstract]:Since the financial leasing appeared in the 1980s in our country, the financial leasing has developed rapidly in the past 30 years. It has penetrated into all walks of life, seeking solutions for the small and medium-sized enterprises lacking funds. As a newly developed automobile industry in recent years, the financial leasing has also appeared. Automobile sales companies have seen financing. Advantages and development prospects of the leasing industry, that is, financial leasing does not require the lessee to pay the full price of the purchase of freight cars to obtain the possession of freight cars, the right to use, so that interested buyers of freight cars choose to sign financial leasing contracts with financing companies and automobile manufacturers to obtain freight cars, freight cars. In the process of signing the financial lease contract, the automobile sales company has been negotiating with the lessee, but the automobile sales company does not become the main body of the financial lease contract, but obtains the financial lease by signing the creditor's rights transfer contract between the financing company and the automobile sales company. The rights and obligations of the contract. The financing company unilaterally transfers the rights and obligations of the financial lease contract to the automobile sales company, and in the event that the automobile purchaser (i.e. the lessee) fails to pay the rent as stipulated in the financial lease contract, the automobile sales company sues the automobile purchaser with the contract of assignment of creditor's rights, requesting him to pay the rent, the liquidated damages or Financial lease contract dispute is mostly because the lessee fails to fulfill the obligation to pay rent as stipulated in the contract, so in order to prevent the lessor's loss caused by the lessee's breach of contract, the protection of the lessor is increasingly effective, and the legal provisions are very complete, but in the financial lease contract transfer In judicial practice, the validity of the contract of assignment of creditor's rights has become the focus of the whole trial, the protection of lessee's rights and automobiles. Sales companies and financing companies are seriously out of balance. This paper mainly focuses on the rights of the lessee in the financial lease contract during the transfer of the financial lease contract, and analyzes the obstacles to the realization of the lessee's rights during the transfer of the financial lease, so as to achieve a clear understanding of the lessee's rights and obligations. The paper is divided into the following parts. The introduction part aims at the lack of protection of lessee's rights during the transfer of financial lease contract, and reveals the significance and value of this study. The second part is the realization of lessee's rights in the transfer of financial lease contract. The third part is the improvement of the protection system of lessee's rights during the transfer of financial lease contract. The scheme aims at filling the legal blank of the lessee's rights protection when the financial lease contract is transferred and realizing the balance between the lessee, lessor and transferee's rights, so as to promote the healthy and sustainable development of the financial lease industry and the automobile industry.
【学位授予单位】：云南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.6
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，本文编号：2177817
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