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在民航强国战略背景下,航空器金融租赁逐渐成为一个新的经济热点,其中法律风险防范一直备受关注。航空器金融租赁既是融资又是融物,中间涉及两个合同,买卖合同与租赁合同,涉及资金流转、协议签订、税收、税务优惠等等。由于法律关系复杂,涉及主体众多,由此产生的法律风险也大大增加。本文将从出租方和承租方两方主体出发,对在融资租赁过程中遇到的资金链断裂、不可解约、航空器造成损害而由此产生的索赔权及请求权等问题从合同法及担保法等多个角度出发设立防范机制,希望能够有效促成租赁双方权益得以共享。
Under the strategic background of a strong nation in civil aviation, aircraft financial leasing has gradually become a new economic hot spot, and the prevention of legal risks has drawn much attention. Aircraft financial leasing is both financing and financial intermediation, involving two contracts in the middle, the sale and purchase contracts and leasing contracts involving the flow of funds, agreements, taxes, tax concessions and so on. Due to the complicated legal relations and the large number of subjects involved, the legal risks arising therefrom have also increased greatly. This article will be from the lessor and the lessee both parties starting on the financial leasing process encountered in the financial chain rupture, can not be dissolved, the resulting damage to the aircraft claims and rights arising from the contract law and guarantee law Set up a guard mechanism from many angles, hoping to effectively promote the sharing of rights and interests of both leasing parties.