Правовое регулирование лизинга по законодательству России и Китая: сравнительно-правовой анализ

Законодательство. 2019. № 6. С. 76–82.

Lapteva A.

This article is devoted to the special feature’s legal regulation of the leasing relations in Russia and China. The purpose of this article is to research the problems connected with legislative approaches to the legal regulation of leasing relations in Russia and China.

It is stressed that the legal regulation of leasing relations is based on two directions. The first direction is the regulation of the status leasing subjects by establishing requirements for them. In particular, there are special features of regulation, which is based on the criteria of presence/ absence of foreign capital in the legal entity or the status of a subsidiary.  The second direction of еру regulation is the establishment the contract’s models for the leasing relations and legislative requirements for the terms of these contracts.

It is reported that in China the legal regulation of leasing relations is establishing requirements for leasing companies and contractual forms. In Russia, the legislator focuses mainly on the contractual forms but it being discussed the introduction of a special regulation to the leasing companies.

Keywords: лизинг, Китай, Россия, финансовая аренда