금융리스에 대한 개정 상법안의 쟁점

Abstract

When the Commercial Code was amended in the 1995, it adopted the statutes covering the new basic commercial transaction; finance lease, franchise and factoring under t he A rticle 4 6. But t here w as n o more provisions which analysing the finance lease, franchise and factoring. Recently the leasing industry has grown rapidly. In response to this change and the new recognition of the need of statute which regulate lease issues, new amendments to the Commercial Code have to be promulgated. The newly amended Articles are Article 168-2, 168-3, 168-4, 168-5 under the Chapter 12(Finance Lease). Article 168-2 defines a finance lease by making the reference to lessor. Article 168-3 covers the obligations of lessor and lessee. Lessor must make lessee to be delivered the goods at the time and conformity required by t he f inance lease c ontract. Lessee must pay t he r ent at t he d elivery of the goods. Article 168-4 defines the obligation of supplier; the obligation of delivery at the time required by the finance lease contract. Also this Article directly says the lessee's remedy arising from the breach of that obligation of supplier which is specially adopted at the amendment in spite of the legal features at the finance lease contract.Article 168-5 covers the revocation of the finance lease contract by the lessor and lessee.