融资租赁物风险防范

Risk Prevention of Financial Leasehold

以融资租赁实务中租赁物难以处理、难以抵抗风险的问题为出发点,从实务与法律的角度分析其原因;为强化租赁物的风险对抗功能,从事前确保融资租赁公司获得所有权、事后防止第三人善意取得租赁物所有权两大方面分别论述融资租赁公司的应对之策,以期能够提升人们对租赁物风险的识别能力,并掌握控制租赁物风险的方法,从而促进融资租赁行业风险控制水平的提升。

Based on the problem that it is usually difficult to retrieve leasehold and resist risks in the practice of financial lease,this thesis aims to analyze the reasons from the perspectives of both financial practice and law.For the purpose of reinforcing the risk prevention function,this thesis discusses how to ensure the financial leasing company to obtain the ownership of the leased property before finalizing the business as well as how to preve nt the third party from bona fide acquisition after finalizing the business.It is expected to improve readers,ability of identification and treatment of risks in the practice of financial lease,and promote the level of risk prevention in the financial leasing industry.