国际融资租赁公约(原文译文对照).docVIP

Unidroit Convention on International financial leasing 国际统一私法协会 国际融资租赁公约 中国于1988年加入并签署《国际融资租赁公约》 The states parties to this convention, recognizing the importance of removing certain legal impediments to the international financial leasing of equipment, while maintaining a fair balance of interests between the different parties to the transaction, aware of the need to make international financial leasing more available, conscious of the fact that the rules of law governing the traditional contract of hire need to be adapted to the distinctive triangular relationship created by the financial leasing transaction, recognizing therefore the desirability of formulating certain uniform rules relating primarily to the civil and commercial law aspects of international financial leasing, have agreed as follows: 本公约各当事国， 认识到在保持国际融资租赁交易各方的公正平衡的同时，消除对设备国际融资租赁的某些法律障碍的重要性， 意识到使国际融资租赁得以更多地使用的需要， 意识到管辖着传统的租借合同的那些法规需要适应于融资租赁交易所造成的特有的三边关系这一事实， 因而认识到有必要制订出某些主要与国际融资租赁的民法和商法方面有关的统一规则， 兹协议如下： CHAPTER I - SPHERE OF APPLICATION AND GENERAL PROVISIONS 适用范围和总则 Article 1 This convention governs a financial leasing transaction as described in paragraph 2 in which one party (the lessor), on the specifications of another party (the lessee), enters into an agreement (the supply agreement) with a third party (the supplier) under which the lessor acquires plants, capital goods or other equipment (the equipment) on terms approved by the lessee so far as they concern its interests, and enters into an agreement (the leasing agreement) with the lessee, granting to the lessee the right to use the equipment in return for payment of rentals. The financial leasing transaction referred to the previous paragraph is a transaction which includes the following characteristics: the lessee specifies the equipment and selects the supplier without relying primarily on the skill and the judgment of the lessors; the equipment is acquired by the lessor in connection with a leasing agreement which, to the knowledge