How difficult is it to register a financial leasing company? How to solve the four major difficulties in the financial leasing industry

How difficult is it to register a financial leasing company? | Crack one of the four major difficulties in the financial leasing industry、Can the lessor simultaneously claim that after the lessee breaches the contract, can the lessor recover all the rent by continuing to perform the contract and recover the leased property by canceling the contract?，Often faced with difficulty in choosing a petition，Is it asking for rent?，Or should I cancel the contract and drag back the equipment to stop the loss?，A large number of cases are forced to withdraw or terminate the appeal once an improper choice is made.。

Take the case of Volvo Financial Leasing Company suing Chen Moumou over a financial leasing contract dispute heard by the Beijing Fengtai District Court as an example.，The pre-litigation financing company failed to do due diligence，offered to terminate the contract

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Return of equipment lawsuit，Unexpectedly, after the court debate of the case, it was discovered that the customer had already sold the equipment.，The financing company wants to change the petition in court，but was rejected，Neither the court nor the other party can allow the financing company to change the claim at this time.。

The financing company had no choice but to withdraw the lawsuit and reorganize the lawsuit.，This back and forth consumes judicial resources and the investment of the parties.，All invisibly formed a complaint。therefore，Can rent recovery and equipment recovery be brought together in one case? Just listen to me one by one。

1. "explain"[Refers to the "Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Financial Lease Contract Disputes"]Judicial position - taking an alternative position. Please click here to enter a picture description. Article 248 of the Contract Law："The lessee shall pay the rent as agreed。The lessee fails to pay the rent within a reasonable period of time after being reminded，The lessor can

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Pay full rent；You can also terminate the contract，repossession of leasehold property。

"In this provision，"It may also be" expressions used in legislation，What does it mean? Is it applicable selectively or applicable at the same time?，not clear。So in practice，Can the lessor simultaneously

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Pay the full rent and terminate the contract、Repossession of leasehold property has been controversial。

From the lessor’s perspective,Leasing companies generally believe that,The dual nature of property rights protection and creditor's rights protection is the basic feature of financial lease contracts,Therefore, the lessor can simultaneously

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Pay full rent,Including unpaid rent due and all rent not due,Take back the leased property at the same time。

During the discussion and formulation process of the "Interpretation of the Supreme People's Court on the Applicable Legal Issues in the Trial of Financial Lease Contract Dispute Cases",The dominant view is that,If we look at the economic essence,There is a corresponding relationship between the value of unpaid rent and the leased property。If the lessor is allowed

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While paying the full rent, allowing the lessor to take back the leased property means that the lessor has obtained double benefits.,The lessee suffered a double loss,Interest protection is obviously unbalanced。

This view was later supported by the Supreme Court。So we see that in order to unify judicial standards，The Interpretation finally stipulates in Article 21,“The lessor not only requests the lessee to pay all unpaid rent as stipulated in the contract, but also requests to terminate the financial lease contract.，The people's court should inform it to make a choice in accordance with the provisions of Article 248 of the Contract Law。

"In terms of the two rights enjoyed by the financial leasing company to recover all rent and take back the leased property,，It gives the lessor the right to file a lawsuit only if it chooses one。Although the Interpretation imposes restrictions on the way to appeal,However, depending on the circumstances of the case and the purpose of the litigation,There are still a variety of appeal methods for lessors to choose from.。

1. Case revelations from sale-leaseback cases – the lessor’s termination of the contract does not

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Return rental property，to claim all rent payable、The overdue interest on unpaid rent due and the nominal price of the leased property were supported by the court as the repurchase consideration.。

"Shanghai Pudong New Area People's Court Free Trade Pilot Zone Typical Cases"(2013-2025Year)》Listed a sale and leaseback case，in this case，The Shanghai Pudong New Area People's Court follows the rule of law thinking of "doing whatever is not prohibited by law" and the commercial adjudication concept of "respecting the autonomy of the parties"，Regarding the "lessor exercising the right to terminate" in the sale and leaseback contract,

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The lessee pays full rent to repurchase the leased property without

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Agreement on return of leased property，Made a decision regarding Article 248 of the Contract Law

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Pay all rent and terminate the contract、repossession of leasehold property，It is not inconsistent with the requirement that the lessor can only choose one of the claims。

A brief review of the background of the case：Wanfeng Financial Leasing Co., Ltd.(Hereinafter referred to as "Wanfeng Company")Signed a "Financial Lease Contract" with Jintaiyuan Company on April 9, 2013。Wanfeng company with 5，000Ten thousand yuan was purchased from Jintaiyuan Company for medium-density board material preparation section and other equipment and then leased to Jintaiyuan Company for use.，Lease term three years。Jin Taiyuan Company defaulted after paying a deposit of 7.5 million yuan and the first to fifth installments of rent.。

Jin Taiyuan Company still failed to perform the contract after receiving the "Demand Letter"。Wanfeng Company believes that Jintaiyuan Company constitutes a breach of contract，Appeal to the court for a ruling to terminate the contract，Jintaiyuan Company pays the repurchase fee for the leased property as stipulated in the contract，The repurchase amount includes all rent payable after deducting the security deposit、Overdue interest on unpaid rent when due and nominal price of leased property。Jin Taiyuan Company believes that Wanfeng Company can only terminate the contract、Repossession of leased property and

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Choose one of two requests to pay all rent。

The court held that，Wanfeng Company claimed to terminate the contract at the same time

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Jin Taiyuan Company repurchases the leased property at the agreed price，claim rights based on the contract，All the rent payable claimed by him constitutes the price payable by Jintaiyuan Company to repurchase the leased property after the contract is terminated.，The nature is different from the rent payable by continuing to perform the financial lease contract.，This is consistent with Article 248 of my country’s Contract Law: “If the lessee fails to pay rent within a reasonable period of time after being reminded,，The lessor can

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Pay full rent;You can also terminate the contract，It is not inconsistent with the provisions of "recovering the leased property"，Therefore, the judgment is made to terminate the contract，Jintaiyuan Company pays Wanfeng Company the repurchase fee for the leased property，After the payment is made, the leased property will belong to Jintaiyuan Company.。

1. Filing of claims for backup litigation—realizing dual protection of property rights and creditor’s rights。To replace the large high-definition image, please click here to enter the image description. The author's litigation design is：
2. Request the tenant to pay all rent due、Unpaid rent and overdue interest when due；
3. If the lessee fails to fulfill the first claim,，request to terminate the contract and return the leased property。

Although this is obviously contrary to the provisions of the "Interpretation"，But because of the above-mentioned inspiration from the Shanghai Pudong New Area People’s Court，I think this is not impossible。

We can look at a case：Xiamen Xingquanlong Machinery Co., Ltd. v. Wuhu Shengluo Textile Industrial Co., Ltd. Sales Contract Dispute Case (People's Court of Haicang District, Xiamen City, Fujian Province

1. Hai Min Chu Zi No. 1449) In this case，The plaintiff’s claim is：one、The defendant paid 2.25 million yuan to the plaintiff，Liquidated damages of 225,000 yuan (liquidated damages are calculated as 10% of the unpaid amount) and corresponding interest (on a daily basis)
2. 5‰standard，in：Based on 1,650,000 yuan，Calculated from July 25, 2011 to September 22, 2011，A total of 59 days is 48,675 yuan；Based on 1,150,000 yuan，Calculated from September 23, 2011 to October 12, 2011，A total of 10,925 yuan for 19 days；Based on 450,000 yuan，Calculated from October 13, 2011 to December 14, 2011，A total of 62 days is 13,950 yuan；Based on 1,450,000 yuan，Calculated from December 15, 2011 to January 30, 2011，A total of 45 days is 32,625 yuan；Based on 1,250,000 yuan，Calculated from January 30, 2011 to the date of prosecution，A total of 111 days is 39,375 yuan；Based on 2,250,000 yuan，Calculated from the date of filing the lawsuit to the date of actual repayment)。

If the defendant cannot pay the above amount，but

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The defendant returned 20 double-sided machines with the model number 34” 96F36G that the plaintiff sold to the defendant.。two、The defendant shall bear the attorney's fees of 150,774 yuan in this case.。three、The defendant shall bear the case acceptance fee、All litigation including preservation fees

cost

。

2012During the court hearing on August 14,，The plaintiff made his claims clear in court，Replace the aforementioned

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The claim for the return of the double-sided machine is an independent third claim.：If the defendant cannot pay the first item above、The amount claimed in the second lawsuit，but

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The defendant returned 20 double-sided machines with the model number 34” 96F36G that the plaintiff sold to the defendant.，sold separately by the plaintiff，Deduction and withdrawal、storage、betrayal etc.

cost

back，Use the sale proceeds to offset the aforementioned amounts。

If there is still a shortfall after deducting the amount，The remaining outstanding portion shall be paid by the defendant；Any excess will be returned to the defendant。The remaining claims remain unchanged。Let’s take a look at the court’s decision：Both parties expressly agreed that before the defendant paid all the money，Ownership of the machine remains with the plaintiff。The defendant failed to pay as agreed，obvious damage to the plaintiff，At the same time, the defendant's payment did not reach more than 75% of the total price of the double-sided machine involved in the case.，The plaintiff has the right

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Return of 20 double-sided machines involved in the case。

therefore，The plaintiff requested that if the defendant failed to pay the agreed payment and liquidated damages、Interest、attorney fees，The 20 double-sided machines involved in the case should be returned，can be established，This hospital supports。

It is not difficult to see，Although this case is a dispute over a sales contract with retention of ownership,，However, if there is a financial lease contract, continue to perform the contract and pay all the money or terminate the contract.，The Dilemma of Retrieving Your Equipment，However, due to the plaintiff’s complaint, a hybrid design was made，That is, the primary purpose is to recover the payment，If the payment cannot be recovered，The next best thing is to take back the subject matter.，Finally, this effect was achieved in one case。

In our country’s litigation system，There is no clear theory for filing the claim。The Civil Procedure Law regarding litigation claims

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Only for simple "there are specific litigation claims"。Therefore, in practice, there is no uniform standard for handling such claims.。In the aforementioned case，The court supported this stand-alone claim。

so，The author draws on the views of lawyer Zhou Jie in the article "Design of the Seller's Litigation Claims in Disputes over Retention of Ownership Sales Contracts"，Ask if you can try such an appeal，Of course, this needs to be implemented after full communication with the filing division of the court.。In fact, if you are not sure about this question,，The best way is to agree on commercial arbitration，The appeal can be very flexible in design，Those who prepare the above-mentioned litigation claims can show their talents.，Solved the first difficult industry problem in one fell swoop。

two、The boundaries of private relief for retrieving leased property are difficult to preserve and enforce.，In practice, a large number of debt collections are done through financing companies themselves or entrusting third-party companies to recover leased properties.。Take construction machinery financial leasing as an example，Almost all financial leasing companies or agents with manufacturer backgrounds have a thrilling towing story.，It seems that trailers will always fall into the gray area of ​​debt collection.，And often cause greater trouble because of towing。

So is there no way to make trailers an effective tool for debt control? The answer is no。But the premise must be to clearly determine the boundaries of private relief to recover the leased property.，Don't cross the line, don't cross the line，It will be relatively guaranteed to get the rental property back.。1.The legal basis of the right of retrieval. The lessor’s right of retrieval over the leased property originates from the ownership of the leased property.，Due to the system design of financial leasing, the ownership and possession rights of the leased property、Separation of usage rights。

The lessee’s initial reason for possession of the leased property may be lawful，However, due to the occurrence of breach of contract，This legal basis will be eliminated and turned into illegal possession.，As long as the lessee no longer has a legal basis for possession，The lessor may request the lessee to return the leased property at any time。

The exercise of the right of self-retrieval of the leased property in a financial leasing transaction must meet certain conditions.，that is, without prejudice to public order(breachofthepeace)As a premise，This principle originates from the principle of non-violence in ancient Roman law。The exercise of the right of self-retrieval of the leased property in a financial leasing transaction must meet certain conditions.，that is, without prejudice to public order(breachofthepeace)As a premise，This principle originates from the principle of non-violence in ancient Roman law。

Regarding the principle of not prejudice to public order，in judicial practice，Judges generally consider two issues:：First, whether the lessor has the right to enter the lessee’s real estate；The second is whether the lessee or his agent agrees to the lessor taking back the leased property.，including express and implied consent。

no matter what the circumstances，As long as the lessee takes active resistance measures，If violence or threat of violence is used，The lessor is not allowed to take back the leased property by force，Even if there is a provision for the right of recovery in case of breach of contract in the financial lease contract,，It does not mean that the lessor can use all means to exercise the right of retrieval.。

To replace the high-resolution image, please click here to enter the image description. 2. The circumstances in which the right of retrieval is exercised are based on investigation.，Regarding the occurrence of the right to retrieve the leased property，70%Many companies believe that the right of recovery occurs when the lessee defaults on rent and the lessee becomes bankrupt.。Some companies believe that，The exercise of the right of repossession also occurs when the lessee subleases。

According to the current domestic legal regulations and practical operations,，Retrieval situations mainly include：

1. One type of breach of contract by the lessee is a general breach of contract by the lessee.，Without conditions to terminate the contract，In order to urge the lessee to perform the contract, the lessor，to exercise the right of retrieval；One is a fundamental breach of contract by the lessee，The lessor chooses to terminate the contract or continue to perform the contract，However, the right of retrieval must be obtained first to ensure the realization of subsequent claims.。
2. Bankruptcy here includes both lessor and lessee bankruptcy.。Based on current research findings，The issue of right of recovery exists in both bankruptcy situations。If the lessor goes bankrupt，The right to withdraw can be exercised based on the agreement to terminate the contract。However, the interests of the lessor must be considered at this time，carry out liquidation，In fact, this involves the valuation issue between the residual value and the rent due。

If the lessee becomes bankrupt，Then the legal bankruptcy administrator’s right to choose and the lessor’s right to recover also need to be equitable.，It should be noted that，Contract termination is generally not supported when it comes to sale and leaseback.，The types of other types of financing contracts are determined based on whether the bankruptcy administrator exercises the right to terminate。Once the bankruptcy administrator chooses to continue to perform the contract，Then the rent claim cannot be treated as a bankruptcy claim，To protect the tenant’s priority rights。

1. Limitations and Remedies on the Right of Retrieval
2. Acquisition in good faith is known as the "hand with hand" principle in Germanic law.。According to this principle，Possession is the form of property rights，Possessor of chattels，That is to say, he is presumed to be the possessor of movable property.。Since the leased property of finance lease is other than real estate,，Movable properties also face the problem of being unable to identify ownership.，It is easy to give a third party the illusion that the lessee owns the leased property.。

therefore，If the lease logistics is in transit，Comply with the provisions of Article 106 of the Property Law，The third party obtains the property rights of the leased property，At this time, the lessor will not be able to exercise the right of retrieval based on ownership.。

A breakthrough made with good intentions：Markings are placed in prominent locations such as the upper arms.、Apply for mortgage registration、Sold at an unreasonable low price (see Article 9 of the Judicial Interpretation of Financial Leasing for details) (2) The exercise of the right to recover lost equipment is limited to the retrieval of the original item，Once the rental property is lost，The lessor has no right

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Return the original，Naturally, there is no right to exercise the right of retrieval.。

1. Equipment is attached. Attachment refers to movable and immovable property.、Movables and chattels attached、Ownership is lost due to mixing of movables with movables and processing of movables, etc.。Once this emotion occurs，The lessor will also not be able to exercise the right of repossession，and can only claim the right to claim creditor's rights。That's all
2. and
3. The only remedy is to purchase property insurance for the leased property during the financial lease period.，Purchasing performance insurance for the lessee，To achieve the purpose of diversifying and resisting risks。
4. Being seized for preservation is an inconvenience caused by judicial coercive measures.，It is necessary to raise preservation objections or execution objections，It can be retrieved only after the court lifts the preservation measures.，Otherwise, the minor will be held responsible for obstructing civil proceedings and judicial administration liability.；Serious cases will be seized for illegal disposal.、Criminal liability for seized property crimes。In this case, it is necessary to check the current status of the vehicle when it is towed back.，It's best to do video recording work。

Because the premise for constituting the above-mentioned violation of civil procedure law or criminal law must be established when the vehicle is towed back and the vehicle has been impounded.。so，If it is because the court did not post a seal、Or the fact that the court has seized and preserved the property has not been discovered or identified by others at the scene due to reasons such as the debtor.，If there is no obstruction to civil proceedings or illegal disposal or seizure、Prerequisites for the crime of seized property。

If there is indeed a court seizure and preservation procedure，then it should be done by providing a valid certificate of property rights，Apply to the court to unblock。three、The time point for determining the residual value of the leased property and the liquidation method 1. The dichotomy between direct financial lease and financing operating lease. The author believes that the issue of the residual value of the leased property is，Be sure to distinguish between direct financial leases and financial operating leases。If we do not distinguish between the two，There is no way to accurately determine the time when the residual value of the leased property is determined and the method of liquidation.。

The reason is：In direct finance lease，If the lease term expires, the leased property belongs to the lessor.，There is no problem of determining the residual value and liquidating it.，Because regardless of the residual value of the leased property, it belongs to the lessor.；Only the property belongs to the lessee upon expiration of the lease term，It only involves the issue of the difference between the amount that the lessor can claim when the contract is terminated and the residual value.。

In financing operating lease，At the beginning of the transaction design，Will take into account residual value management issues，Therefore, when signing the financial lease contract，The fair value of the leased property at the expiration of the lease term will be estimated before entering into the contract.，i.e. residual value，Make a rental offer based on this。The purpose is to determine the acquisition cost of recovering the asset.，and achieve the expected return on capital。To protect the interests of the lessor，Prevent tenants from overusing or not caring for the rental property。

If the asset is recovered by the lessor at the end of the lease period，The lease often stipulates that the lessee (or a party related to the lessee) guarantees the residual value of the asset.，Called GuaranteedResidualValue。so，The liquidation problem of financing operating leases is mainly resolved through contractual agreements and guarantees.，Different from the direct financing leasing path。

1. At the point when the residual value is determined, the leased property is the guarantee for the rental debt.，Once it comes to the issue of losses due to the termination of the contract，In fact, it is necessary to determine the residual value of the leased property。so，The residual value of this type is determined when the contract is terminated.。but，This does not mean that the value appraisal process of the leased property will necessarily be initiated.。

In practice, there are two main situations involved:：1) The lessor also claims to take back the leased property and compensate for the losses.，Because it involves the issue of deducting the value of the leased property，Therefore, the current value of the leased property should be determined。2) The lessee claims that the value of the leased property exceeds the remaining rent and shall pay for the excess

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returned。

According to the provisions of Article 249 of the Contract Law，The contract stipulates that the lease expires，The leased property is owned by the lessee，Tenant has paid most of the rent，But unable to pay the remaining rent，The lessor terminates the contract and takes back the leased property，If the value of the leased property exceeds the rent owed by the lessee and other

cost

of，The tenant can

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Partial return。

This will also inevitably involve the issue of determining the value of the leased property.，therefore，The lessor's petition to take back the leased property does not necessarily initiate the appraisal process of the leased property.。

1. The residual value is determined in accordance with Article 23 of the Interpretation：“During the litigation, the lessee and the lessor have a dispute over the value of the leased property.，The People's Court may determine the value of the leased property in accordance with the provisions of the financial lease contract.；The financial lease contract is not stipulated or the stipulation is unclear，The value of the leased property can be determined by referring to the depreciation of the leased property stipulated in the financial lease contract and the residual value of the leased property after the expiration of the contract.。

The lessee or lessor believes that the value determined in accordance with the preceding paragraph seriously deviates from the actual value of the leased object，You can request the People's Court to entrust a qualified agency to evaluate or auction the。

"It can be seen from this that，There are three ways：1) determined according to the contract；2) Determine the value of the leased property with reference to the depreciation and residual value of the leased property.；3) The above methods seriously deviate from the actual value of the leased property，Ask the court to initiate an evaluation、The author believes that stop-loss measures are efficient and economical in auction procedures.，Therefore, carefully understand the provisions of the judicial interpretation，The court tried to avoid dragging the dispute into the appraisal auction process.，Only the lessee himself gave up the method of determining the value of the first two picks.，In desperation, it is ordered to determine the value of the leased property through an appraisal auction process.。

therefore，A simple method is to clearly stipulate in the financial lease contract that after the customer defaults,，The residual value calculation method of the towed-back equipment is comprehensively determined based on parameters such as working hours and purchase time.，This allows you to quickly determine the residual value and offset losses after the vehicle is towed back.，Any deficiencies can be directly pursued。

If the calculation formula is not conducive to arriving at a fair price，It is recommended to directly stipulate in the contract that the market price inquiry method or public auction method + customer notification(rather than asking for consent)way to determine。

Article 60 of the "Regulations on the Implementation of the Enterprise Income Tax Law of the People's Republic of China"、Unless otherwise specified by the tax authorities，The minimum number of years for calculating depreciation of fixed assets is as follows:：

1. houses、building，for 20 years；
2. airplane、train、ship、machine、Machinery and other production equipment，for 10 years；
3. Equipment related to production and business activities、tool、Furniture etc.，for 5 years；
4. airplane、train、Means of transport other than ships，for 4 years；
5. electronic equipment，for 3 years。

Four、Disadvantages of Good-faith Acquisition and Countermeasures

1. Applicable Situations for Good-faith Acquisition On February 24, 2014, the Supreme People's Court issued the "Interpretation on Applicable Legal Issues in the Trial of Financial Lease Contract Dispute Cases"，Article 9 of the Interpretation stipulates four situations in which a lessor may resist a bona fide third party’s acquisition of the leased property when the lessee has no right to dispose of the leased property.，thereby increasing the protection of the lessor’s rights and interests，The four situations are as follows：
2. The lessor has marked the leased property in a conspicuous place，The third party knows or should know that the property is a leased property when dealing with the lessee；
3. The lessor authorizes the lessee to mortgage the leased property to the lessor and register the mortgage right with the registration authority in accordance with the law.；
4. When a third party trades with the lessee，Not in accordance with the law、Administrative regulations、Conduct inquiries on financial leasing transactions in corresponding institutions in accordance with the regulations of industry or regional competent authorities.；
5. Other circumstances where the lessor has evidence proving that the third party knows or should know that the subject matter of the transaction is the leased property。
6. Provisions on the bona fide acquisition system due to defects in the existing system，To protect the interests of bona fide third parties、Dynamic security of trading activities and stable socio-economic order are of great significance。

Acquisition in good faith is actually an infringement on the property security of the original right holder.，From the perspective of society as a whole，This kind of infringement is a restriction on personal rights of objects in order to protect the social interests represented by transaction security.，However, this restriction should be moderate，It is necessary to balance the protection of the interests of the original rights holder and the interests of bona fide third parties.。

It is precisely because of this that Article 106 of the Property Rights Law stipulates that the owner of a property has the right to criminally pursue the property when others have no right to dispose of it.，Recover all your belongings，But it also stipulates that under certain conditions，A bona fide third party acquires ownership of a thing。

In the legal relationship of financial leasing，Because it involves the protection of the balance of interests between the lessor and the transferee，Therefore, Article 9 of the "Judicial Interpretation of Financial Leasing Contracts" is based on the provisions of Article 106 of the "Property Law"，It stipulates that when the lessee or the actual user of the leased property privately transfers the leased property or establishes other property rights in the leased property，A third party can acquire the leased property according to the bona fide acquisition system，at the same time，This article also stipulates that cases obtained in good faith are not applicable。

According to the provisions of judicial interpretation，Registration adversarial approach adopted in financial lease registration。Although this is an inevitable choice，Article 7, paragraph 2, of the International Financial Leasing Convention also stipulates："If in accordance with the provisions of the applicable law，Only when the relevant publicity provisions are complied with, the lessor's ownership of the equipment can be effectively used against the persons mentioned in the preceding paragraph.，then only if the above requirements are met，These rights can be used effectively against others。

"visible，Establish a financial leasing registration system，Disclosing financial leasing transactions and the ownership status of the leased property is a common approach to solve this problem.。

but，The problem with the "Judicial Interpretation of Financial Leasing Contracts" is that：(1) The query platform is not uniform across the country.、The subject of the inquiry obligation is also pending. There are currently two nationwide financial leasing registration platforms and inquiry platforms.，One is the "Unified Registration System for Chattel Financing" established by the People's Bank of China using its credit reporting system and the "National Financial Leasing Enterprise Management Information System" established by the Ministry of Commerce.，Obligors can check property attributes through these two platforms。

However, Article 3 does not

Require

All third parties perform inquiry obligations，is merely responsible for "the law"、regulations、Only third parties with inquiry obligations shall bear this obligation in accordance with the provisions of the industry or regional competent authorities.，According to the regulations of the People's Bank of China，Nationwide, only the China Development Bank、policy banks、state-owned commercial bank、joint-stock commercial bank、The Postal Savings Bank of China" and other banking and financial institutions have the obligation to inquire，And other legal persons、Natural persons still do not have the obligation to inquire。

1. A large number of leased properties do not have clear ownership registration authorities in the transaction practice of the financial leasing industry.,except ships、Lease items such as aircraft have clear ownership registration authorities,There is no clear ownership registration authority for a large number of leased items of construction machinery equipment.，compared to ships、aircraft，Construction machinery is easier to circulate、High liquidity、easy to hide,Once the lessee disposes of the construction machinery without authorization,Will cause the lessor to lose his property，This makes the issue of leased property risks particularly prominent.。

Generally speaking，for chattels，Possession is the main way of publicizing ownership，When the lessee transfers the leased property，The transferee can obtain ownership of the leased property according to the bona fide acquisition system，As a result, the property rights protection of the lessor’s rental claims is in jeopardy。therefore，Possession cannot be a symptom of the external publicity of the financial lease property.。actually，A large number of disputes arise precisely with these truck cranes that cannot be registered、Tower cranes and other construction machinery equipment。

In this regard，The Huairou District People's Court of Beijing conducted a survey based on financial leasing dispute cases heard from 2013 to the first half of 2025.,confirmed this fact。3.Countermeasures: Tong said that the financial leasing law should be introduced as soon as possible.、Establishing a national unified registration and publicity platform and other measures，I won’t go into details.。

The author will talk about some solutions that can be implemented at present.：(1) Ownership mortgage is a common alternative practice at present.，In fact, it is also the second of the four exceptions in the "Interpretation"，That is, the lessor authorizes the lessee to mortgage the leased property to the lessor and register the mortgage right with the registration authority.，In terms of civil law principles, it seems to be equivalent to the lessor willingly reducing its ownership to a mortgage right.，It may be interpreted as the lessor mortgaging his own property to himself.，It is contradictory to the pursuit of theoretical rigor and self-consistency in the logical system of traditional civil law theory.。

But from a practical point of view，Under the premise that the legislation does not specify the registration authority for leased property，This registration method effectively makes up for the lack of protection of the lessor’s rights.，It has not had any adverse impact on the national social public interests or third parties.，At the same time, it is conducive to safeguarding the legitimate rights and interests of the lessor.，Limit bad faith breach of contract by tenants，It is indeed necessary to determine its legal effect。

at this point，The "Interpretation" does not stick to the comprehensive theory of civil law，Taking into account practical needs and legislative status quo，Necessary recognition is given to this practice。(2) Strictly control the procedures and prices obtained in good faith，The purchaser shall bear the burden of proof for the following two facts:，If it is impossible to prove it, it should not be deemed to have been acquired in good faith.。Specifically, 1) the procedures must be complete。

This is mainly reflected in the certificate of equipment、Invoice or proof of title、The seller’s ID card or corporate qualifications must be kept strictly confidential，And should go to relevant institutions to confirm the authenticity.，and obtain the original upon payment。2) The price should be fair。As the saying goes, cheap goods are not good.，High quality equipment for sale，Unless the seller is in urgent need of money or the equipment has serious quality problems，Otherwise, it must be a question of ownership。

if，As a transferee, it does not fall within the four exceptions for interpretation of Article 9.，And be able to provide evidence to prove that the procedures are complete、fair price，Only then can it be recognized as a bona fide third party。

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