LEASE AGREEMENT IN MODERN NATIONAL AND EUROPEAN LEGISLATION

Alevtyna Biriukova
2021 Entrepreneurship, Economy and Law  
The purpose of this research is to clarify particularities of the regulation of a lease agreement under national law and as compared to the current experience of European countries. Research methods. The author used general scientific and special methods of scientific cognition. Results. The state of legal regulation of leasing in Ukraine is analyzed taking into account the latest innovations. In addition, the author highlights challenging issues in the use of the leasing institution and gives
more » ... he general characteristic of the peculiarities of national leasing laws. By relying on the study of the provisions of legislative instruments of European countries related to the regulation of leasing, the basic approaches to the definition of leasing in other countries are identified. The peculiarities of modern legislative regulation of contractual leasing relations in European countries are outlined by comparison with national legal regulation. Conclusions. According to national laws, the legal structure of a lease agreement is quite complex because it combines the elements of purchase and rent agreements. The definition of a lease agreement available in Article 806 of the Civil Code of Ukraine renders a model which provides for relations of direct and indirect leasing as opposed to the statutory definition of leasing of the better part of the studied European countries. The specific nature of contractual leasing relations and the need to apply the provisions on related types of agreements lead to a different interpretation of the essence of the relevant legal institution and create problems in practice, as evidenced by case law. It is established that in European countries, there is a common approach under which the issues of leasing activities and, in particular, the definition of the contractual structure of leasing are primarily regulated by civil laws, which consolidate the original conceptual models of leasing, basic principles, the content of obligations, the status of the contracting parties, as well as other issues elaborated in special legislation.
doi:10.32849/2663-5313/2021.9.01 fatcat:dh7pne2lm5bg3dwq3a7am3hgly