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LEASING CONTRACT AND CONTRACTUAL INTERDEPENDENCE

Narcis Godeanu ()
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Narcis Godeanu: Spiru Haret University, Bucharest, Romania

Internal Auditing and Risk Management, 2017, vol. 48, issue 4, 51-57

Abstract: Leasing (credit-rent) is a complex, original and stand-alone legal operation as a financing technique for commercial companies. This transaction, as a whole, typically includes two distinct transactions: the leasing company enters into a sale-purchase agreement with a producer (supplier) through which it purchases the assets to be leased out with a unilateral sales promise, then the leasing company (the borrower) concludes a lease with the user (the borrower) to lease the asset for a certain period of time, with the option of ultimately buying it for a residual price. In court practice, the question arises whether the lease should be cancelled or terminated for lack of cause if the sale / purchase contract concluded between the supplier and the leasing company was resolved for non-compliance with the user’s requirements or for hidden vice that does not work for the intended use. The solution adopted in the French case-law was that the two types of contracts are their mutual cause (one with respect to each other) being in the face of contractual interdependence.

Keywords: Contract Case; leasing contract; Contractual interdependence (search for similar items in EconPapers)
JEL-codes: K12 K19 K40 (search for similar items in EconPapers)
Date: 2017
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