Port communicationAnnouncement time：2014Reasons for selection on February 24：Accurately grasp the difference between financial leasing contracts and loan transaction forms，Promote the healthy development of the leasing industry。
Main content："Interpretation" has five parts and 26 articles in total，Respectively regarding the identification and validity of financial lease contracts that are highly controversial in trial practice、Performance of financial lease contracts and disclosure of leased items、Termination of financial lease contract、Litigants in breach of contract liability and financial lease contract cases、Provisions are made on issues such as the statute of limitations and other matters。
Expert comments：Gao Shengping, a professor at the School of Law of Renmin University of China, said that under the current situation where the state still adopts strong control over lending transactions,，Accurately identify legal relationships in financial lease contracts，Grasp the difference between it and the loan transaction form，It becomes even more important。
The "Interpretation" adheres to the characteristics of both financing and property financing in financial leasing transactions，gives the nature of the subject matter、value、Several identification factors such as the composition of rent and the contractual rights and obligations of the parties，At the same time, sale and leaseback contracts with financial lease attributes are recognized.，To a certain extent, it reflects the needs and characteristics of the development of the leasing industry.。
Ownership in lessor、Under the transaction structure arrangement in which the lessee enjoys the right to occupy and use，The possession of movable leased property cannot play a role in publicizing the status of rights therein.，In practice, although lessors adopt various methods to protect their ownership，However, we still face the institutional risk of a third party acquiring rights in the leased property in good faith.。
The "Interpretation" does not provide any legal provisions on the disclosure of financial leases.，From the perspective of cutting off the goodwill of the third party，Approved of ownership protection measures consistent with current legal provisions，If the lessor authorizes the lessee to mortgage the leased property to the lessor and register the mortgage right with the registration authority，A third party cannot obtain the ownership or security interest of the leased property in accordance with the good faith acquisition rules.。
The transaction structure of financial leasing under current law is described as two contracts: purchase and sale and financial leasing, and the lessor、lessee、Seller, three parties，Among them, the relationship between the financial lease contract and the sales contract is also highlighted.。"Explanation" responded to this from different perspectives。
If the purpose of the financial lease contract cannot be realized due to the sales contract，Cancellable financial lease contract，The lessor can stipulate in the contract，Or if the financial leasing contract is not stipulated or the stipulation is unclear,，However, the seller and the leased property are chosen by the lessee.，Claim that the lessee should compensate for the corresponding losses。When the lessee fails to pay the rent as agreed，Lessor relief model provisions are critical for finance lease transactions。
The "Interpretation" first clarifies that the lessor either needs to continue to perform the contract，Claim to pay full rent (rent due accelerated)，Either terminate the contract，Request to take back rental property，You can only choose one of the two。Secondly, it stipulates that if the lessor requests to pay the full rent but is not satisfied，You can sue again to request the termination of the financial lease contract、repossession of leasehold property。
Finally, it is pointed out that the lessor chooses to terminate the contract，Repossession of leased property，can still recover the uncompensated portion of the loss
Require
Tenant compensation。This article is published by Shenzhen Hong Kong Xintong。
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