-
Lease contract (foreign-related financial lease).doc
Ship charter contracts. doc
Construction machinery sales contract (financial lease).doc
Financial leases. doc
Sent has been completed.
-
A financial lease contract refers to a contract in which the lessor purchases the leased object 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. Financial leasing integrates lending, leasing and trading, and is a transaction method that combines financing with Yuliang Larong. A financial lease contract is composed of a sales contract between the seller and the buyer (the lessor of the lease contract) and a lease contract between the lessor and the lessee, but its legal effect is not a simple superposition of the validity of the two contracts.
1. Can the electronic contract of Peanut Good Car be refunded?
Signed electronic contracts can be refunded. Under any of the following circumstances, the lessor or lessee may terminate the financial lease contract: (1) the sales contract concluded between the lessor and the seller is dissolved, confirmed invalid or revoked, and the sales contract cannot be re-concluded; (2) The leased property is damaged or lost due to reasons not attributable to the parties, and it is impossible to repair or determine a replacement; (3) The purpose of the financial lease contract cannot be achieved due to the seller's reasons.
2. How to determine the rent in the financial lease.
1. Financial leasing refers to the lessor's purchase of leased objects from the supplier and lease them to the lessee according to the specific requirements of the lessee for the leased objects and the selection of the supplier, and the lessee pays rent to the lessor in installments, and the ownership of the leased objects belongs to the lessor during the lease period, and the lessee has the right to use the leased objects.
2. How to determine the rent in the financial lease contract, according to Article 736 of the Civil Code, the composition of the rent and the term and method of payment are important terms of the financial lease contract, and the lessor and the lessee shall clearly stipulate them in the financial lease contract.
Different from the rent in the general lease contract, the rent in the financial lease contract is not the consideration of the lessee for using the leased object, but the consideration of the lessor's financing. The purpose of the lessor's participation in a financial lease contract is to obtain a rent that is different from that of a general lease contract.
The determination of rent in a financial lease contract should fully consider the financing and long-term characteristics of the financial lease contract. The leasing interest of the slag fiber lessor includes the expenses incurred by the lessor in purchasing the leased property and the reasonable profit obtained by it, that is, the cost of the leased property and the reasonable profit of the lessor.
Civil Code of the People's Republic of China
Article 703 A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.
Article 704 The contents of a lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, and maintenance of the leased property.
Article 705 The term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid. Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.
-
The process of signing a financial lease contract is:
1. Review the subject of the contract and agree on the main matters of the contract, generally including the name, quantity, specification, technical performance, inspection method, etc. of the leased object;
2. Conclude the contract in writing.
[Legal basis].Article 470 of the Civil Code of the People's Republic of China.
The content of the contract is agreed upon by the parties and generally includes the following clauses:
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
-
The subjects of a financial lease contract are the lessor (buyer), the lessee and the seller (supplier). The lessee requires the lessor to finance the purchase of the equipment required by the lessee, and the supplier then delivers the equipment directly to the lessee. Article 735 of the Civil Code provides that 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.
Article 735 of the Civil Code of the People's Republic of China provides a financial lease contract in which the lessor purchases the leased object 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. Article 736 of the Code of the People's Republic of China on the Folk Potato of the People's Republic of China provides that the content of the financial lease contract generally includes the name, quantity, specification, technical performance, inspection method, lease term, rent composition and payment period and method, currency, and the ownership of the leased object upon the expiration of the lease term. The financial lease contract shall be in written form.
-
Article 237 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. Article 238 The contents of a financial lease contract include the name, quantity, specifications, technical performance, inspection method, lease term, rent composition and payment period and method of payment, currency, and ownership of the leased item upon expiration of the lease period. The financial lease contract shall be in written form.
Article 239 In a sales contract concluded by the lessor on the basis of the lessee's choice of the seller and the leased object, the seller shall deliver the subject matter to the lessee in accordance with the agreement, and the lessee shall enjoy the buyer's rights related to the subject matter received. Article 240 The lessor, seller and lessee may agree that if the seller fails to perform its obligations under the sales contract, the lessee shall exercise the right to claim compensation. If the lessee exercises the right to claim compensation, the lessor shall assist.
Article 241:In the sales contract concluded by the lessor on the basis of the lessee's choice of the seller or the leased property, the lessor shall not change the content of the contract related to the lessee without the consent of the lessee. Article 242 The lessor shall enjoy the ownership of the leased property. If the lessee goes bankrupt, the leased property does not belong to the bankruptcy estate.
Article 243 Unless otherwise agreed by the parties, the rent of a financial lease contract shall be determined on the basis of most or all of the cost of purchasing the leased property and the reasonable profits of the lessor. Article 244 The lessor shall not be liable if the leased object does not conform to the agreement or the purpose of use, except where the lessee relies on the lessor's skills to determine the leased item or the lessor intervenes in the selection of the leased item. Article 245 The lessor shall guarantee the lessee's possession and use of the leased property.
Article 246 The lessor shall not be liable if the leased property causes personal injury or property damage to a third party during the period when the lessee is in possession of the leased property. Article 247 The lessee shall properly keep and use the leased property. The lessee shall perform the maintenance obligation during the period of possession of the leased property.
Article 248:The lessee shall pay the rent in accordance with the agreement. If the lessee still fails to pay the rent within a reasonable period of time after being reminded, the lessor may demand payment of the full rent; It is also possible to terminate the contract and take back the leased property. Article 249 If the parties agree that the leased property shall be owned by the lessee upon the expiration of the lease period, and the lessee has already paid most of the rent but is unable to pay the remaining rent, and the lessor terminates the contract to take back the leased property, and the value of the leased property recovered exceeds the rent owed by the lessee and other expenses, the lessee may demand a partial return.
Article 250 The lessor and the lessee may agree on the ownership of the leased property upon 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.
-
Minimum lease payment means the various amounts payable or likely to be required to be paid by the lessee during the lease term (excluding contingent rent and performance costs), plus the residual value of the asset secured by the lessee or a third party related to it. Therefore, the minimum lease payment = 5 80 + 30 + 8 = 438 (10,000 yuan).
First, the role is different.
Because the leasing company can provide ready-made financial leasing assets, so that the enterprise can be obtained and installed in a very short period of time with a small amount of funds, and can quickly play a role and produce benefits, therefore, the financial leasing behavior can enable the enterprise to shorten the construction period of the project, effectively avoid market risks, and at the same time, avoid the enterprise due to insufficient funds and let go of fleeting market opportunities. >>>More
Article 1 The people's court shall, in accordance with the provisions of Article 237 of the Contract Law, make a determination on whether a legal relationship of financial leasing is constituted in light of the nature, value, and rent of the subject matter, as well as the contractual rights and obligations of the parties. For a financial lease contract that is called a financial lease contract but does not actually constitute a financial lease legal relationship, the people's court shall handle it in accordance with the legal relationship actually constituted. Article 2 If the lessee sells its own property to the lessor, and then leases the leased property back from the lessor through a financial lease contract, the people's court should not determine that it does not constitute a financial lease legal relationship solely on the grounds that the lessee and the seller are the same person. >>>More
The functions of financial leasing can be expressed in the following aspects: >>>More
Two ways to help you 1: Souke business friends network - free ** enterprise directory in all regions of the country! You can also post a list of the companies you want! 2: Guangzhou Wanwei Technology **** (Guangzhou Bogou Software)**.
Financial leasing means that the lessor purchases the leased object from the supplier and leases it to the lessee for use according to the specific requirements of the lessee for the leased object and the choice of the supplier, and the lessee pays rent to the lessor in installments, and the ownership of the leased object belongs to the lessor during the lease period, and the lessee has the right to use the leased object. >>>More