Rules for Claim Rights in Financial Leasing Business (Legal Interpretation)

Rules on Claim Rights in Financial Leasing Business (Legal Interpretation) in Financial Leasing Business，There are problems due to the quality of the rental items，Customer (lessee)

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The manufacturer (seller) and the financial leasing company (lessor) bear responsibility，resulting in many disputes。How can financial leasing companies effectively avoid risks caused by quality issues with leased materials? This will be explained in detail below。

one、Referee rules

1. lessor、The lessee and the seller have reached an agreement on claims arising from quality problems with the leased property，It is agreed that the lessee shall directly claim compensation from the seller.，Legal and valid。The lessee shall seek compensation from the seller，The lessor only has the obligation to assist。
2. The lessee claims that there are quality problems with the leased property，Should bear the burden of proof。
3. lessee

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The lessor is responsible for the quality of the leased property，Evidence should be provided to prove that the lessor interfered in the selection of the leased property or played a decisive role，or fails to fulfill its obligation to assist，The consequences of overdue claims or failed claims。

two、Judgment point of view case one：source：Second-instance civil judgment on the financial leasing contract dispute between Zhongheng International and Peng Mingliang Case No.：(2013) Hanzhong Minzhongzi No. 00699 Court Opinion：Both parties agreed on liquidated damages in the financial lease contract、margin，In accordance with legal provisions and the objective circumstances of the loader’s multiple repairs in this case，The appellant Zhongheng International Leasing Co., Ltd. before rescinding the contract due to the breach of contract by the appellee Peng Mingliang，Peng Mingliang should be given a certain reasonable period of time to pay rent.，And reminded Peng Mingliang that he can make a technical appraisal of the loader quality through an appraisal agency.，If there are quality defects, you can claim rights against the seller，to avoid losses。

However, the appellant immediately took back the loader after sending Peng Mingliang a notice of termination of the contract on May 22, 2012.，Objectively causing Peng Mingliang's loss, he requested the relevant technical department to confirm whether the machinery was defective.，And if the machinery is indeed quality defective，The right to claim against the seller。therefore，When the appellant Zhongheng International Leasing Co., Ltd. exercised its right to terminate the contract，inappropriate behavior。

Case 2：source：Zoomlion Financial Leasing (China) Co., Ltd. and the defendant Cong Jiang、Chen Xiaomin’s First Instance Civil Judgment on Financial Lease Contract Dispute Case No.：(2014) Huayin Minchuzi No. 00765 Court Opinion：Defendant Cong Jiang、Chen Xiaomin claimed that the plaintiff, the seller and its agents were related enterprises，And the opinion that induces them to purchase the leased property through huge profits，The plaintiff in this case, Zoomlion Financial Leasing (China) Co., Ltd., and the seller, Guizhou Taifeng Chuanglian Machinery Equipment Co., Ltd., are independent corporate legal persons.，The defendant has no relevant evidence to prove that there is a connection between the two companies，and prove that the plaintiff interfered with its choice of leased property through large-scale inducement sales.，Therefore, the arguments for it，Not supported；The defendant claimed that the subject matter of the case had serious quality defects，For defective delivery of the leased property，plaintiff、Opinions that neither the seller nor its agents have fulfilled their notification obligations in accordance with the law，The defendant has no evidence to prove that the ZE80E-I excavator, the subject matter of this case, had quality defects when delivered.，and the plaintiff failed to fulfill its obligation to disclose defects.，Not recognized。

Case three：source：Nantong Kanghai Shipping Co., Ltd. and Minsheng Financial Leasing Co., Ltd.、Shenzhen Zhenhua Heavy Industries Qidong Offshore Engineering Co., Ltd. Second Instance Civil Judgment on Dispute over Ship Financing Lease Contract Case No.：

1. Court opinion No. 88 of Jingao Minsi Zhongzi：Kanghai Company’s claim that Minsheng Company was negligent in exercising its right to claim compensation and therefore assumed liability for damages，Not supported：
2. Kanghai Company filed a lawsuit against Zhenhua Company in Shenzhen Maritime Court on August 5, 2014，Requesting Zhenhua Company to return the shipbuilding down payment of RMB 8.75 million and its interest losses，On December 4 of the same year, Kanghai Company applied to withdraw the prosecution on the grounds of another prosecution.，Minsheng Company’s failure to claim compensation from Zhenhua Company did not result in Kanghai Company’s claim being overdue or unsuccessful.。
3. Kanghai Company notified Minsheng Company in a letter on December 2, 2014，

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Minsheng Company promptly asserted its rights to Zhenhua Company，However, Kanghai Company applied to the court to withdraw the lawsuit on December 4 of the same year.，It only took two days from Kanghai Company's letter to Minsheng Company to Kanghai Company's application to withdraw the lawsuit.，This situation does not prove that Minsheng Company failed to exercise its right to claim compensation.。

1. Zhenhua Company did not change the beneficiary of the advance payment guarantee to Minsheng Company in accordance with the "Tripartite Agreement"，Kanghai Company holds the original advance payment guarantee with it as the beneficiary (the guarantee expired on January 26, 2013)，The losses claimed by Kanghai Company are related to its failure to exercise its right to guarantee。

Case 4：source：Xiamen Haiyi Financial Leasing Co., Ltd. and Lin Wenyuan Financial Leasing Contract Dispute First Instance Civil Judgment Case No.：(2025) Hubei Dongxihu Minshangchuzi No. 00105 Court View：The "Financial Lease Contract" stipulates that for the leased object、Transaction conditions are independently selected by Lin Wenyuan，In case of product quality problems, the seller shall bear the liability for breach of contract，Does not affect the performance of the financing contract。

Lin Wenyuan determined the leasehold property based on his reliance on the lessor’s skills.、The lessor intervenes in the selection of the leased property and defends its obligation to pay rent.，Should bear the burden of proof according to law。

But the contract submitted by Lin Wenyuan，It was agreed that he would be able to choose the leased property and transaction conditions independently.；The industrial and commercial information is only the registered operation status of Xiamen Haiyi Company；Investigation transcripts are produced unilaterally，And the investigation content also shows that he first decided to purchase XCMG excavator products.，Confirm again for financing loan，That is, the rental property has been selected before signing the contract.；Other evidence is to prove the loss。

Therefore, the evidence submitted by Lin Wenyuan，Neither is sufficient to prove that it relied on the lessor’s skills to determine the leased property and that the lessor intervened in the selection of the leased property.，This court does not accept its argument。

Case five：source：Honggao Financial Leasing Co., Ltd. and Mei Yuqiao、Dai Rong Financial Lease Contract Dispute Second Instance Civil Judgment Case No.：Changsha Intermediate People's Court of Hunan Province(2025)Hunan 01 Minzhong No. 3309 Court Viewpoint：There are two conditions for the lessor to assume liability：First, the lessor has failed to provide assistance or failed to exercise its right to claim.；Second, the lessor’s behavior causes the lessee’s claim against the seller to be overdue or unsuccessful.。

In this case，The appellant Mei Yuqiao did not submit evidence to prove that Honggao Company refused to provide assistance when he exercised his right to claim, or that Honggao Company neglected to exercise his right to claim.，There is no evidence to prove that his claim against the seller failed.。therefore，The conditions for Mei Yuqiao's request for Honggao Company to assume civil liability for vehicle quality were not established.，This court does not support。

Practical suggestions

1. lessor、The lessee and the seller should reach a written agreement，It is clearly agreed that the lessee will directly exercise the right to claim against the seller.，The lessor is not responsible，Only obliged to assist。The possible methods are：
2. "Financial Lease Contract" signed between the lessor and the lessee，"Sales Contract" signed between the lessor and the seller，Both parties agree on the subject of claims and liability。
3. lessor、Both the lessee and the seller agree on the claim clause in the "Financial Lease Contract" or "Sales Contract"，All three parties signed and sealed to confirm the claim.。
4. lessor、The lessee and the seller separately sign a "Claim Rights Agreement"，All three parties signed and sealed to confirm the claim.。
5. It is recommended that lessors pay attention to risk control during the entire process of handling business，Keep written information：
6. Before handling financing business，The lessee shall clearly state in the "Business Application Form" that the leased property and manufacturer are chosen by the lessee.，bear independent responsibility；The lessor fully respects the lessee’s right to choose，assumes no responsibility for this。
7. When signing the "Financial Lease Contract"，The specifications of the leased property should be clearly stated、quantity、Model and other related information，And clearly state that the leased property is the lessee’s independent choice.，The lessor assumes no responsibility for this。
8. When the leased property is delivered，

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The lessee shall issue a "Delivery Acceptance Qualification Form" within a reasonable period，Check and accept the leased property and explain the specific situation，at the same time，Ancillary information on the leased property received by the lessee should be listed.，To prevent later disputes between parties regarding the quality of the leased property。

1. When the lessee makes a claim against the seller，lessee

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The lessor performs its obligation to assist，The lessor should actively assist within the scope of its obligations，For example, helping the lessee to send express delivery

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The seller bears responsibility。3、There are quality problems with the rental property，The lessee has made repairs many times and has written materials，Before the lessor takes back the leased property, it should give the lessee a reasonable period of time to make a technical appraisal of the quality of the leased property.，so that the lessee can claim compensation from the seller。

If the lessee objectively suffers loss due to the lessor’s reasons, request the relevant technical department to confirm whether the leased property is defective.，As a result, the claim is overdue or fails.，The lessor will bear corresponding responsibilities。Therefore, the lessor should comprehensively weigh the risks，take appropriate measures，in order to put oneself into a passive position。

three、Legal basis

1. Article 244 of the "Contract Law of the People's Republic of China" If the leased object does not comply with the agreement or does not meet the purpose of use，The lessor is not responsible，Except where the lessee relies on the lessor’s skills to determine the leased property or the lessor intervenes in the selection of the leased property.。
2. Article 6 of the Supreme People's Court's "Interpretation on Applicable Legal Issues in the Trial of Financial Lease Contract Dispute Cases" The lessee exercises the right to claim against the seller，It does not affect its performance of its obligation to pay rent under the financial lease contract.，However, the lessee relies on the lessor’s skills to determine the leased property or the lessor interferes in the selection of the leased property.，Except for those who claim to reduce or exempt the corresponding rent payment obligations。

Article 19 The leased object does not comply with the provisions of the financial lease contract and the lessor has committed one of the following acts，The lessee shall, in accordance with Article 241 of the Contract Law、Provisions of Article 244，

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The lessor shall bear corresponding responsibilities，The people's court should support：

1. The lessor chooses the seller after the lessee、When renting property，Decisive in the selection of the leased property；
2. Lessor intervenes or

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The lessee chooses the seller or the leased object according to the lessor’s wishes；(3) The lessor changes the seller or leased property selected by the lessee without authorization。

The lessee claims that it relied on the lessor’s skills to determine the leased property or that the lessor intervened in the selection of the leased property.，Bear the burden of proof for the above facts。

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