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(Adopted and Promulgated by the Second Session of the Ninth National People's
Article 237 Definition of Financial Leasing Contract
A financial leasing contract is a contract whereby the lessor, upon purchase
of the lessee-selected lease item from a lessee-selected seller, provides the
lease item to the lessee for its use, and the lessee pays the rent.
Article 238 Terms of Financial Leasing Contract; Writing
Requirement
A financial leasing contract includes terms such as the name, quantity, specifications,
technical performance, and method of inspection of the lease item, the lease
term, the rental components and the time, method and currency of payment, as
well as the ownership of the lease item at the end of the lease term, etc.
A financial leasing contract shall be in writing.
Article 239 Lessee's Assumption of Buyer's Rights
Under the sales contract concluded by the lessor according to the lessee's selection
of the seller and the lease item, the seller shall deliver the subject matter
to the lessee in accordance with the contract, and the lessee enjoys the rights
of the buyer in respect of taking delivery of the subject matter.
Article 240 Lessee's Assumption of Buyer's Remedies
in Case of Seller's Non-performance
The lessor, the seller and the lessee may agree that any claim arising from
the seller's non-performance of its obligations under the sales contract will
be made by the lessee. Where the lessee makes such a claim, the lessor shall
provide assistance.
Article 241 Certain Amendment of Sales Contract Subject
to Consent by Lessee
Absent consent by the lessee, the lessor may not amend any lessee-related term
in the sales contract concluded by it according to the lessee's selection of
the seller and the lease item.
Article 242 Exclusion of Lease Item from Bankruptcy
Assets of Lessee
Title to the lease item vests in the lessor. In case the lessee enters into
bankruptcy, the lease item is not part of its bankruptcy assets.
Article 243 Determination of Rental Components
Unless otherwise agreed by the parties, the rent under a financial leasing contract
shall be determined based on the major portion of or full costs of purchasing
the lease item and the lessor's reasonable profit.
Article 244 Lessor Not Liable for Non-fitness of Lease
Item; Exceptions
Where the lease item does not comply with the contract or is not fit for the
intended purpose, the lessor is not liable, except where the lessee relied on
the skills of the lessor in selecting the lease item or the lessor interfered
in the selection thereof.
Article 245 Warranty by Lessor
The lessor shall give warranty in respect of the lessee's possession and use
of the lease item.
Article 246 Lessor Not Liable for Damage or Injury
If while in the possession of the lessee, the lease item caused personal injury
or property damage to any third person, the lessor is not liable.
Article 247 Lessee's Obligation of Due Care; Maintenance
Obligations
The lessee shall keep and use the lease item with due care.
While in possession of the lease item, the lessee shall perform the obligations
of maintenance and repair thereof.
Article 248 Lessor' s Remedies in Case of Non-payment
by Lessee
The lessee shall pay the rent in accordance with the contract. Where the lessee
fails to pay the rent within a reasonable period after receiving demand for
payment from the lessor, the lessor may require payment of the full rent; or
it may terminate the contract and repossess the lease item.
Article 249 Partial Refund in Case of Termination by
Lessor
Where the parties agreed that title to the lease item will vest in the lessee
at the end of the lease term, and after paying a major portion of the rent,
the lessee is unable to pay the remaining balance, resulting in the lessor's
termination of the contract and repossession of the lease item, if the value
of the repossessed lease item exceeds the rent owed by the lessee and other
expenses, the lessee may require partial refund.
Article 250 Ownership of Lease Item at End of Lease
Term
The lessor and the lessee may agree on the ownership of the lease item at the
end of the lease term. Where ownership of the lease item was not prescribed
or clearly prescribed, and cannot be determined in accordance with Article 61
hereof, title to the lease item shall vest in the lessor.
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