07 Nov Leasing Agreements
Finance lease agreement or leasing agreements; ‘this is a contract that provides that the lessee leaves ownership of a property purchased or otherwise provided from a third party or personally from the lessee at the request and choice of the lessee, or previously owned by him, to the lessee in exchange for the rental price to provide any benefit.’’
Although many groups of movable or immovable property constitute the subject matter of this agreement, the law has made it clear that industrial rights such as trademarks and patents cannot be the subject of finance leases,except for duplicate copies of computer software. In addition, after the entry into force of the law on leasing, factoring and financing companies No. 6326, the leasing method made by selling and leasing back was adopted and included in the scope of the law.
In this agreement, the lessor party can only be financial leasing companies.The lessee refers to the one who accepts the finance lease. Anyone can be a party to this agreement as a tenant, without distinction of consumer, merchant. But in the doctrine, there are also contrary views that consumers cannot be a party to the contract for reasons such as the fact that the goods subject to rent are investment goods for the purpose of production, and that they are a commercial contract by nature.
The lease agreement may end in ordinary or extraordinary ways. It is also possible for the lessee to end the rent by completing the debt or to end it due to the bankruptcy of the lessee, the death of the lessee or the loss of the driver’s license of the act, the lessee to default as a result of not paying the rent price and for other reasons written in the law. As of the termination of the contract, the lessor can obtain an injunction from the courts to confiscate the property subject to the contract, as well as to grant him the right to save the property during the trial by making a deposit in relation to the cost of the property.
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