THE CONNECTION AND DIFFERENCE OF THE FINANCIAL LEASE WITH OTHER CONTRACTS
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Keywords:
Leasing Contract, Supplier, Sublease, Bank Loan, Property Reserve, EtcAbstract
The meaning of the leasing contract based on Albanian legislation is found in Article 849 of the Civil
Code, but the legislator is not satisfied with this part alone, giving a definition of the leasing contract in the law
no. 9396/2005 "On Financial Rent", amended.
Article 849 of the Civil Code provides the definition of the leasing contract by providing: "With the financial
lease contract, one party is obliged to make available to the other party, for a certain time, a movable or
immovable object, against a payment in periodic installments determined in relation to the value of the item,
the duration of the contract and possibly other elements according to the agreement of the parties."
In addition to the definition made by the Civil Code for the leasing contract, as we mentioned above, a detailed
definition is also made by law no. 9396/2005 "On Financial Leasing", amended, which in its article 1, point 11
defines financial leasing [1].
In this paper, it is intended to deal with the financial lease contract and its comparison with other contracts, as
well as to highlight the importance of this contract by dealing with legal concepts, the real possibility of
changes.
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References
. Article 1, point 11 of law no. 9396/2005 "On Financial Leasing", amended.
. http://www.academia.edu/35097939/KONTRATA_LEAZING
. Article 849, Chapter IV, Title I, Part V, Civil Code I of the Republic of Albania 1994.
. A.Nuni, I.Mustafaj, A.Vokshi "The right of obligations II" Tirana 2008, page 91.
. Francesko Galgano "Private right" Luarasi, Tirana 1999, page 639.
. Traditional rent will be called the rent regulated by Civil Code from article 801-825.
. In the financial lease contract, money cannot be the object .The lessor must return the same item.
. Lessors can be: financial institutions, banks, legal entities that at the time of registration have a capital not less than ALL 20,000,000 and that only carry out financial leasing activity.
. The supplier is the main party in the type of indirect financial lease contract.
. Continue to keep the item by extending the lease term for a lower price.
. Law No. 9396, dated 12.05.2005, "On financial lease" as amended.
. Articles 7 and 8, Law No. 9396, dated 12.05.2005, "On financial lease" as amended.
. The term of its consumption.
. Even contracts with a term of one year must be made in writing.
. Article 197/a Civil Code.
. Mariana Tutulani-Semini "The Law of Obligations and Contracts, General and Special Part", Skanderbeg Books, Tirana 2016, page 274.
. In whole or only a part of it.
. SKK_7_CONTABILIZIMI_I_KIRAVE.pdf
. Article 12/b, Law No. 9396, date 12.05.2005, "On the financial lease" amended.
. Decision no. 374 dated 27.02.2009 Court of the Judicial District of Tirana.
.http:// www.financa.gov.al/files/userfiles/Thesari/Standartet_Kontabel_Kombetar/Standartet_Kontabel_Kombetare/te_ndryshuara/SKK_7_KONTABILIZIMI_I_KIRAVE.pdf
. Article 849/2: "The property must have been acquired or built by the lessor according to the desire and description of the tenant…”
. A.Nuni, I.Mustafaj, A.Vokshi "The right of obligations II " Tirana 2008, page 93.
. A.Nuni, I.Mustafaj, A.Vokshi "The right of obligations II" Tirana 2008, page 94.
. Pierr ENGEL, Contrats de Droit Suisse, 2 editions, Staempfli Edition SA Berne, 2000, page 810.
. Article 746 Civil Code.
. Mariana Tutulani-Semini "The Law of Obligations and Contracts, General and Special Part", Skanderbeg Books, Tirana 2016, page 293.
. Article 749 of the Civil Code.
. Leasing contracts, like other contracts in the basic commercial field of its activity, have profit, therefore they are also known as business contracts.
