1, which is not clearly stipulated in our laws.
China's "Contract Law" does not explicitly restrict the leasehold of financial leasing transactions, but according to the internationally accepted standards and China's "Administrative Measures for Financial Leasing Companies", the leasehold of financial leasing contracts is limited.
According to Article 1 of the International Institute for the Unification of Private Law Convention on International Financial Leasing, the leased property of international financial leasing is "complete equipment, capital currency or other equipment". However, the International Accounting Standard-17 Lease stipulates: "This Standard is applicable to all leases, unless it is: (a) a lease agreement for developing or using natural resources such as oil, natural gas, wood and metal and other mineral rights, and (b) a license agreement for projects such as movies, videos, scripts, manuscripts, patents and copyrights".
Article 19 of China's Administrative Measures for Financial Leasing Companies stipulates that "the leased property used for financial leasing transactions is fixed assets". Of course, this is limited to financial leasing companies.
2. Articles whose circulation is prohibited or whose trading is restricted by law, such as weapons, products monopolized by the state and other non-financing lease items; If the law stipulates that the transaction of an object must be approved by a specific organ, it needs to go through the approval procedures stipulated by law first.
3. The financial lease item shall also have the following characteristics:
(1) Physical property, intangible property in any form, cannot be used as the lease item of a financial lease contract, such as software.
(2) It should be something whose right to use can be separated from ownership. If the right to use and ownership cannot be separated, it violates the transaction nature of financial leasing and cannot be used as the lease item of financial leasing contract.
(3) Non-expendable materials can be reused.
(4) Consumer goods should not be used for personal consumption. Because the lessee of the current financial lease contract does not include natural persons, personal consumer goods can not become the leased property of the financial lease contract.
Second, what should I do if there are quality problems in the leased property?
1. Article 237 of the Contract Law stipulates that a financial lease contract is a contract in which the lessor purchases the lease item from the seller according to the lessee's choice of the seller and the lease item, provides it to the lessee for use, and the lessee pays the rent. It can be seen that the lessee chooses the leased property and the manufacturer and supplier of the leased property independently. The lessee has complete decision-making power over the name, specification and model of the leased property, and directly negotiates with the supplier. The lessee shall take full responsibility for the above independent choices and decisions. Therefore, if there are quality problems in the leased items, you should directly ask the seller for compensation/replacement.
2. If the lessee proves that the lessor has one of the following faults, it may also require the lessor to bear the corresponding liability for compensation:
(1) The lessor intervenes or requires the lessee to choose the seller or the leased property according to the lessor's wishes.
(2) The lessor arbitrarily changes the seller or lease item selected by the lessee.
(3) The lessor knows that the leased property has quality defects and fails to inform the lessee.
(4) The lessor fails to provide necessary assistance to the claim in time.