The Supreme Court issued "on the law applicable to the interpretation of the financing lease contract dispute cases" where

 

In February 27th, the Supreme People's Court issued "on the law applicable to the interpretation of financial leasing contract disputes". Judicial interpretation of a total of five part twenty-six, determination and effectiveness, respectively on the financing lease contract of financing lease contract and lease of publicity, the cancellation of the financing lease contract, the liability for breach of contract and the financing lease contract litigant litigation cases, the problem such as the provisions of.


In recent years, the rapid development of the financial leasing industry in China, the number of Finance Leasing Company, the financial leasing business volume showed a trend of rapid growth. At the same time, financial leasing contract disputes also showed a sustained growth trend. According to statistics, in 2008, the people's Court of first instance financing lease contract dispute cases was 860, was 4591 2012, 2013 reached 8530. The contract law promulgated in 1999 in sub section is set a special chapter of the financing lease contract, but the provisions of article fourteen only relative principles, to meet the needs of trial practice. For the judicial need positive response to the development of financial leasing industry in our country, judicial referee scale, and healthy development of financial leasing industry to provide strong legal protection, the Supreme People's Court on the basis of in-depth research, extensive solicitation of opinions from all walks of life in society, the formulation of this judicial interpretation.


Judicial interpretation reflects the transaction, the guiding ideology of standard development. Judicial interpretation expressly acknowledges the financing lease contract can exist widely in the practice after sale leaseback transaction, and by reducing the condition that the financing lease contract invalid, strictly limit the financing lease contract of financing lease contract, maintain the normal performance. In determining the nature of financing lease contract, the judicial interpretation stipulates clearly, should be combined with the subject matter of the nature, value, rent and the rights and obligations of the parties of contract, carefully identified financing lease contract, to guide financial capital to the real economy service, regulate and promote the healthy development of China's financial leasing market. Judicial interpretation on the financing lease transactions, financing lease contract and the contract for the sale of the interface problems, lessor, lessee ownership of the security breach of judicial relief clear views. The judicial interpretation will since March 1, 2014 formally implemented. Judicial interpretations promulgated, not only conducive to clear rules, reduce legal disputes, to provide the necessary behavior guidelines for financial leasing practice, will promote the perfection of the financing lease of our country's legal system, and the development of financial leasing market and provide effective judicial guarantee. Zhang Xianming.