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融资租赁承租人违约时出租人的救济途径
Sou Hu Cai Jing· 2025-04-09 18:28
Core Viewpoint - The financing lease model, which integrates trade, credit, financing, and asset utilization, has been developing in China for over 30 years, providing benefits to both lessors and lessees, but it faces challenges such as increased disputes and lessee defaults, particularly in rent arrears and unauthorized disposal of leased assets [1] Group 1: Lessee Default and Lessor Remedies - Lessor's remedy for lessee default includes requesting full payment of overdue rent, with the right to demand all unpaid rent if the lessee fails to pay within a reasonable period after notice [2] - The core remedy for lessor in case of lessee default is to terminate the contract and reclaim the leased asset, which requires sending a termination notice to the lessee [3] - Lessor's priority right to compensation from the value of leased assets is a crucial mechanism for debt recovery, allowing them to claim proceeds from the sale of leased assets to cover unpaid rent and other fees [5][6] Group 2: Special Circumstances and Lessor Strategies - Non-rent defaults, such as unauthorized disposal or improper use of leased assets, can also occur, and if deemed a fundamental breach, the lessor may accelerate rent payment or terminate the contract [7] - In cases where the lessee faces other debt disputes, the risk of forced execution on leased assets exists, and the lessor's ability to prevent this largely depends on whether proper registration has been completed [8] Group 3: Judicial Considerations in Lessee Default - In judicial practice regarding financing lease disputes, the focus should be on whether the lessor's claims align with the principle of "one choice exercise," avoiding double recovery [9] - The court should assess whether the lessee's actions constitute a fundamental breach, particularly in cases where the lessee has made substantial rent payments or provided alternative guarantees [10]