금융리스계약에 있어서 리스물건의 선의취득에 관한 연구

Abstract

Leasing transactions in modern society, with industrialization the new commercial transaction form called lease will appear. The financial lease is identified, as “when a lessee needs new machinery and equipment etc. is lack of his own capital, a lessor in place of loan of purchase expense, purchases what the lessee wants lends what a lessor purchases for a certain terms the lessee can occupy use, get benefit and can be paid a certain charge” so to speak. Today's leasing transaction is the system which is developed naturally by its need in time in the course of economic development. It has a short history, and is a new contract form which has no complete coincidence with the civil law model contract. Generally lease refers to the financial lease. This thesis investigates the problems related to the financial lease goods and Good Faith Purchase in Korea Civil Law. Because the good faith purchase and the real chattels are closely related and traded concurrently in general transaction. I will consider the legal relation of rights and duties, will be dealt with the financial lease goods, with regard to the efficiency of the lease contract the lessor, the lessee and the supplier. In order to study on the financial lease goods and good faith purchase, in the paper examined a principles of the Civil Law related to the financial leasing transaction.