最高人民法院关于审理融资租赁合同纠纷案件若干问题的规定(中英)

judgement for the lessee;

　　(2) The leasor has appointed the supplier or leased property; and

　　(3) The leasor, not subject to the approval of the lessee, has changed the supplier or leased property chosen by the lessee;

　　Save as stated in the above, the leasor shall generally not bear any responsibilities for the quantity or quality of the leased property.

　　Article 14 Where the lessee has no faults, the cost incurred and the result produced in the claim against the supplier shall be respectively born and enjoyed by the lessee. If the non-claim or overdue claim is caused due to the faults of the leasor, the leasor shall bear the corresponding responsibility.

　　Article 15 Where claim is lodged against the supplier for the quality or quantity, and the leasor has not any faults, the exercise of the right of the leasor to collect the rent to the lessee shall not be affected.

　　Article 16 Where lessee has not paid the partial or whole rent as agreed in the contract, such acts shall be deemed illegal and the lessee shall pay the rent according to the contract, overdue interests and make compensation for the damage to the leasor accordingly.

　　Article 17 Where the lessee goes bankrupt, the leasor may take back the leased property, or request the court that accept the bankruptcy case to auction the leased property, and apply the incomes from the auction for repayment of the debts of the lessee due to the leasor. Where the value of the leased property is greater than the credit of the leasor, the amount above the credit shall be returned to the lessee. Where the value of the leased property is less than the credit, the part of the debt that is not repaid, shall enter the liquidation procedure as general credit or shall be paid off by the guarantor of the lessee.

　　Article 18 Where the lessee goes bankrupt, the leasor may, as the creditor for the bankruptcy, declares its credit, and participate into the bankruptcy. Where a third party has provided security for the credit of the leasor, the leasor also may request the guarantor to perform his obligations as a guarantor.

　　Article 19 If the credit of the leasor is not satisfied completely, the leasor may request the guarantor to pay off the shortfalls.

>　　Article 20 Where the leasor has decided not to participate in the bankruptcy procedure, he shall inform the guarantor of the lessee in time, and the guarantor may declare his credit equal to the amount of the debt under his guarantee and participate in the distribution of the insolvent properties.

　　Article 21 The limitation of action for the litigants in the contract for financial leasing to request the court to protect the rights thereof shall be governed by the provisions of Article 135 of the General Principles of the Civil Law of the People's Republic of China

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