融资租赁合同与借款合同之辨析

Dissimilarities between financial lease and loan contract

融资租赁合同作为一种新的融资方式,它对传统的借款合同提出了一些新的法律问题,这无疑要求我们对其有较全面的认识与了解,尤其是要注意比较它与借款合同之间的异同。这种比较与分析不仅有助于当事人防范与化解这种合同所可能带来的法律风险,同时也有助于这种新形式的业务的深入。

As a new financing mode, the application of financial lease brings legal questions to the traditional mode loan contract. Therefore, all-round knowledge is needed for financial lease operators to fully understand what they are doing. Particularly special attention is to be paid to similarities and dissimilarities between the up-dated financial lease and traditional loaning contract. The comparison and analysis would not only help principals to avoid or reduce the risks financial lease may cause, but also help promote development of this new financing business.