最高人民法院关于审理融资租赁合同纠纷案件若干问题的规定
(最高人民法院审判委员会第793次会议讨论通过)
Rules
of the Supreme People’s Court on Some Issues Concerning the Trial on the
Disputed Cases over the Contracts for Financial Leasing
(Issued
by the Supreme People's Court at its 793rd Meeting of Judicial Committee)
为正确审理融资租赁合同纠纷案件,保障当事人的合法权益,根据我国的有关法律规定和审判实践经验,特作如下规定:
In
order to ensure the correct trial and judgment on the disputed cases over the
contracts for financial leasing and protect the legal rights and interests of
the litigants, and pursuant to the provisions of related laws of the People's
Republic of China as well as on the basis of the experience gained in the trial
practice, we hereby issue the following rules:
一、融资租赁合同纠纷案件的当事人应包括出租人、承租人。供货人是否需要列为当事人,由法院根据案件的具体情况决定。但供货合同中有仲裁条款的,则不应当将供货人列为当事人。
Article 1
The litigants of the disputed case over the contract for financial
leasing shall include the leasor and the lessee. Whether the supplier must be
one of the litigants or not shall be decided by the court according to the
actual circumstances of the case. However, if arbitration clause is included in
the contract, the supplier shall not be determined to be one of the litigants.