In the financial lease contract, the two parties sign a contract to stipulate whether the ownership

In a financial lease contract, the two parties sign a contract stipulating that the ownership of the leased vehicle is valid.

Contract Law: Article 237 A financial lease contract is a financial lease contract in which the lessor makes a statement to the lessor according to the lessee's choice of the seller and the leased object.

A contract in which the seller purchases the leased thing, provides it to the lessee for use, and the lessee pays the rent.

Article 238 The contents of a financial lease contract include the name, quantity, specifications, and technical performance of the leased object

The method of inspection, the term of the lease, the composition of the rent and the term and method of payment, the currency, and the expiration of the lease period.

Attribution.

Article 242 The lessor shall enjoy the ownership of the leased property. If the lessee is bankrupt, the leased property is not bankrupt.

Property. Article 250 The lessor and the lessee may agree on the ownership of the leased property upon the expiration of the lease period. to leased items.

Where there is no agreement on ownership or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, the leased property.

Ownership belongs to the lessor.

Automobile is movable property, and Article 24 of China's Property Law stipulates that "the creation, alteration, transfer and extinction of real rights such as ships, aircraft and motor vehicles shall not be used against a bona fide third party without registration." Therefore, the change of the property right of a motor vehicle in China adopts the principle of registration confrontation, and the change of the property right is still effective from the time of delivery.

The registration of motor vehicles is only an administrative means of the administrative department and does not produce the effect of real rights. There are currently replies from the Ministry of Public Security and the Supreme People's Court as the basis for this view. "Reply to the Issue of Determining the Owner of Motor Vehicles" (Bus Guan [2000] No. 98) "Law Enforcement Office of the Supreme People's Court:

Your office has received a letter dated May 23 and hereby replies as follows: According to the current motor vehicle registration regulations and relevant regulations, the registration of motor vehicles handled by the public security organs is a registration of permission or disapproval for driving on the road, not a registration of motor vehicle ownership. In order to meet the needs of traffic management, the vehicle management office of the public security organ shall confirm the owner of the motor vehicle with the vehicle purchase invoice or the legal documents of the people's court's judgment, ruling, mediation, and other motor vehicle origin certificates when handling the vehicle license certificate.

Therefore, the owner of the vehicle registered by the public security organ should not be used as the basis for determining the ownership of a motor vehicle. I hereby reply to you. 5 June 2000".

The reply to the issue of the time of transfer of ownership of motor vehicle property (Bus Guan [2000] No. 110) reads as follows: "The Research Office of the Supreme People's Court: Your Office has received the letter on soliciting opinions on the > opinions on how to determine the time of transfer of ownership of motor vehicle property (draft) (Fa Yan 2000 No. 41), and the reply is as follows: According to the current motor vehicle registration regulations and relevant provisions, the registration of motor vehicles handled by the public security organs is the registration of whether or not to allow motor vehicles to drive on the road. Not a motor vehicle title registration.

Therefore, there is no legal basis for taking the time when the vehicle management department handles the transfer of ownership as the time for the transfer of ownership of motor vehicle property. I hereby reply to the letter. 16 June 2000".

To sum up, in the practice of automobile financial leasing contracts, there are situations where the vehicle is registered in the name of the lessee but the actual owner is the lessor, which does not affect the nature of the financial lease contract. However, in order to protect their legitimate rights and interests, the parties concerned should pay attention to retaining the corresponding supporting materials.

Legal Analysis: Lessors. According to Chinese law, the lessor and the lessee may agree on the ownership of the leased property upon the expiration of the lease term; Where there is no agreement on the ownership of the leased property or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the ownership of the leased property shall be vested in the lessor.

Legal basis: Article 757 of the Civil Code of the People's Republic of China The lessor and the lessee may agree on the ownership of the leased property upon the expiration of the lease term; Where there is no agreement on the ownership of the leased property or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the ownership of the leased property belongs to the lessor.

Financial leasing means that the lessor purchases the subject matter of the lease from the seller according to the lessee's choice of the seller and the subject matter of the lease, and then leases it to the lessee for use, and the lessee pays the rent.

The lessor may agree with the lessee on the ownership of the leased property upon the expiration of the lease term, which may be owned by the lessor or by the lessee.

Because in the financial lease contract, the lessee can choose the ownership of the leased object, and the lessee can pay a certain amount of ** to obtain the ownership of the leased object.

Article 735 of the Civil Code of the People's Republic of China: A financial lease contract is a contract in which the lessor purchases the leased property from the seller according to the lessee's choice of the seller and the leased object, provides it to the lessee for use, and the lessee pays the rent.

1. The ownership of the leased property after the expiration of the lease term.

1) The lessor and the lessee may agree on the ownership of the leased property at the expiration of the lease period. That is to say, in a financial lease contract, the parties may agree that upon the expiration of the lease period, the ownership of the leased object shall belong to the lessee or to the lessor; If it is owned by the lessor, the lessee shall return the leased property.

2) At the expiration of the lease term, if there is no agreement on the lessee's choice to retain or renew the leased property, or if the lessee does not retain the lease and does not renew the leased property despite such agreement, the lessee shall return the leased property to the lessor on time.

3) If there is no agreement on the ownership of the leased property or the agreement is not clear, the ownership of the leased object belongs to the lessor.

2. Legal characteristics of financial lease contracts.

1. The lessor purchases the leased property according to the lessee's choice of the seller and the leased object.

2. The lessor leases the purchased leased property to the lessee for use.

3. The lessee pays rent to the lessor.

4. Three parties are involved. A financial lease contract involves the seller, the lessor and the lessee. Originally, the financial lease contract consisted of two contracts, namely, the sales contract between the seller and the lessor, and the lease contract between the lessor and the lessee.

However, for the convenience of the parties' transactions, the law especially combines the rights and obligations of the two contracts, making the financial lease contract a special form of contract that is different from the sales contract and the lease contract, and has certain commonalities with both.

Summary. During the period of vehicle financial lease, the ownership of the vehicle belongs to the lessor of the financial lease.

If the financial lease expires, the ownership of the vehicle shall be handled according to the agreement of both parties, and if there is no agreement, the ownership of the vehicle shall be owned by the lessor. The lessor has the ownership of the leased property. If the lessee goes bankrupt, the leased property does not belong to the bankruptcy estate.

The lessor and the lessee may agree on the ownership of the leased property at the expiration of the lease period. If there is no agreement on the ownership of the leased property or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, the ownership of the leased property belongs to the lessor.

The financial lease contract is signed, but the vehicle is registered in the name of the lessor, and the ownership of the car is counted.

Hello, the lawyer has the answer for you.

During the period of vehicle financial lease, the ownership of the vehicle belongs to the lessor of the financial lease. If the financial lease expires, the ownership of the vehicle shall be handled according to the agreement between the two parties, and if there is no agreement, the ownership of the vehicle shall be owned by the lessor. The lessor has the ownership of the leased property.

If the lessee goes bankrupt, the leased property does not belong to the bankruptcy property. If the lease is leased, the relative and the lessee may agree on the ownership of the leased property at the end of the lease period. If there is no agreement on the ownership of the leased property or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, the ownership of the leased property belongs to the lessor.