论融资租赁合同中的承租人索赔权

On Lessee's Right of Claim in Financial Leasing Contract

融资租赁合同是一项特殊的借贷合同,承租人是买卖合同中的真正买受人,受到买卖合同的约束,故有权直接向供货人行使索赔权。我国《合同法》并未赋予承租人直接向供货人索赔的权利,但《融资租赁法(草案)》对此进行了修正,其第三稿的规定已经相对成熟,可以在今后立法中予以采纳。

The financial leasing contract is a special form of loan contract. The lessee is the real buyer in the sales contract, and is bound by the contract, so he has the right to claim the supplier of a refund directly. China＇s Contract Law didn＇t entitle the les- see to claim the supplier of a refund directly, but the Financial Leasing Law （draft） has fixed it, and the regulation of its third draft is relatively mature, and can be adopted in legislation in the future.