融资租赁合同项下租赁物的质量瑕疵担保责任——从一起仲裁案例说起

融资租赁合同是集买卖、租赁、融资于一体的一种特殊类型的合同。1999年施行的《合同法》将融资租赁合同规定为15类有名合同之一。近年来该类型案件诉至法院和仲裁的数量呈上升趋势。本文从一起案例入手,结合实务与理论,阐述在租赁物存在质量问题的情况下,合同各方的法律地位及应享有和承担的权利和义务。

The Financial Leasing Contract is a special type of contract which is collected elements and features of business of sale and purchase lease and financing.The Contract Law of the People’s Republic of China enforced in 1999 classifies the financial leasing contract as one of the 15 types of named contract In recent years we have been witnessing the trend of increasing lawsuits arose from this class of contract which are brought to the Courts and Arbitration agencies.Combined with practice and theory,this article starts from such a kind of case,elaborates that what’s the legal status of the parties under the drcumstance where the lease items have quality problems,and the rights and obligations assumed and enjoyed by mem under the contract.