LEASING AGREEMENT

A leasing Agreement is a contract that provides that ‘the lessor, at the request and choice of the lessee, jul the possession of a property that he has purchased from a third party or the lessee personally or otherwise provided or previously owned, in exchange for the rental price to provide all kinds of benefits to the lessee.’’

Although many movable or immovable property groups constitute the subject of this agreement, it has been made clear in the law that industrial rights such as trademarks, patents cannot be the subject of financial leasing, except for duplicated copies of computer software. In addition, after the entry into force of the Law on Financial Leasing, Factoring and Financing Companies No. 6326, the leasing method by the method of sale and repurchase was also adopted and included in the scope of the law.

In this agreement, the leasing party can only be financial leasing companies.The lessee, on the other hand, refers to the one who accepts the financial lease. Everyone can be a party to this agreement as a tenant without distinction of consumer, trader. However, there are also opposite opinions in the doctrine that consumers cannot be parties to the contract for reasons such as the fact that the goods subject to rent are investment goods intended for production purposes and are a commercial contract in nature.

The leasing agreement may be terminated by ordinary or extraordinary means. It is also possible that the lease terminates spontaneously by completing the lease debt or due to the bankruptcy of the tenant, the death of the tenant or the loss of his driver’s license, the tenant’s default as a result of non-payment of the lease price and for other reasons written in the law. After the termination of the contract, the lessor may take an injunction from the courts to confiscate the property subject to the contract, as well as provide him with the right to save on the property for the duration of the case by depositing collateral in relation to the cost of the property.

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