金融租赁合同的特殊性问题研究

金融租赁交易是我国改革开放以来,在经济活动中出现的新的交易形式,具有融资和融物的双重功能。金融租赁具有交易形式是三方交易、买卖合同为第三人创设权利、交易合同是非继续性契约和合同的租期比较长等特殊性。总结我国的金融租赁交易实践,合同法将金融租赁合同作为一个列名的分则合同进行了规定。金融租赁合同是融资立法中的重要内容,是金融租赁区别与传统租赁的重要方面。

flnance lease transactions since China＇ s reform and opening- up in economic activity in the emergence of new forms of transactions with the financing and financial structures of the dual function. The form of financial leasing transactions with the three wansactions, the creation of a contract for the sale to a third party the right to non- trading contracts to continue the lease and of long term contracts, such as specificity. Summed up China＇s financial leasing transactions practice, contract law, financial leasing contracts will be listed as a sub - contract to carry out the provisions. Financial leasing contract financing legislation is an important aspect is the difference between leasing and an important aspect of traditional lease.