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融资租赁合同

名词解释题
2022-06-18 22:58
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正确答案

融资租赁合同,是指出租人根据承租人对出卖人、租赁物的选择,向出卖人购买租赁物,提供给承租人使用,承租人支付租金的合同。融资租赁合同涉及两个合同:买卖合同和租赁合同,既融资又融物;涉及三方当事人:出租人(买受人)、承租人、供货商(出卖人)。融资租赁合同具有以下法律特征:①出租人须根据承租人对出卖人和租赁物的选择出资购买租赁物;②出人须将购买的租赁物交付承租人使用、收益;③承租人须向出租人支付约定的租金,但租金并不是使用租赁物的代价,实际上是承租人分期对出租人购买租赁物的价金的本息和出租人应获取的利润等费用的偿还,是融资的代价;④融资租赁合同为诺成、双务、有偿和要式的合同。

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