论融资性售后回租合同的效力

发布时间：2018-07-26 20:23

【摘要】：随着改革开放的深入发展,以融资为目的的融资租赁业务发展迅速。在现有的融资租赁实务中,售后回租形式的租赁业务占比巨大。而售后回租并不是融资租赁业务的常态,也与我国开始发展融资租赁业务的初衷和目的不符,很多观点认为,融资性售后回租合同在法律关系上并不构成融资租赁合同关系。那么,在实践中大量存在的融资性售后回租合同是什么性质?这样的融资租赁业务是合法还是非法?从当前的法律和法学理论很难找到答案,正是因为对售后回租问题研究的空白,笔者意识到探讨这一问题的价值所在。本文从融资性售后回租合同的效力角度出发,首先解决其法律上的性质问题,在此基础上,阐明合同的效力内容即融资性售后回租合同中合同各方的权利与义务,接下来结合融资性售后回租合同的特性从合同的效力类型即有效合同、无效合同、效力待定合同、可变更和可撤销合同的方向论述,阐明不同条件下所构成的合同类型及不同类型下合同所带来的法律后果,最后论述合同效力终止的原因和后果。基于合同的效力原理对融资性售后回租合同的阐述,是为售后回租构成合法有效的融资租赁业务提供理论上的支撑,并希望通过本文的论述,为实务中融资性售后回租合同的订立、履行及产生纠纷的责任承担和争议解决提供详实、明确的理论指导。
[Abstract]:With the deepening development of reform and opening up, financing leasing business is developing rapidly. In the existing finance leasing practice, the after-sale rent-back form of leasing business accounts for a huge proportion. But the after-sale lease is not the normal of the finance lease business, and also does not accord with the original intention and the purpose of developing the finance lease business in our country. Many viewpoints think that the financing after-sale lease contract does not constitute the financial lease contract relationship in the legal relationship. So, what is the nature of a large number of financing after-sale rent-back contracts in practice? Is this kind of financial leasing business legal or illegal? It is very difficult to find the answer from the current legal and legal theories. It is precisely because of the blank of the research on the issue of after-sale rent-back, the author realizes the value of discussing this problem. From the point of view of the validity of the financing after-sale rent-back contract, this paper first solves the problem of its legal nature, and on this basis, clarifies the content of the validity of the contract, that is, the rights and obligations of the parties to the contract in the financing after-sale rent-back contract. Then combined with the characteristics of the financing after-sale rent-back contract, it discusses the direction of the effective type of the contract, that is, the valid contract, the invalid contract, the validity pending contract, the changeable contract and the revocable contract. This paper expounds the types of contracts formed under different conditions and the legal consequences brought about by different types of contracts, and finally discusses the causes and consequences of the termination of the validity of contracts. Based on the validity principle of the contract, the elaboration of the financing after-sale rent-back contract is to provide the theoretical support for the legal and effective financing lease business of the after-sale lease, and it is hoped that through the discussion of this article, It provides detailed and clear theoretical guidance for the conclusion, performance and the responsibility of disputes arising from the conclusion, performance and dispute resolution of the financing after-sale rent-back contract in practice.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.6

【相似文献】