THEORETICAL CONSIDERATIONS REGARDING
THE OBJECT AND CAUSE OF THE LEASING
CONTRACT FROM THE PERSPECTIVE
OF THE PRESENT CIVIL CODE
THEORETICAL CONSIDERATIONS REGARDING
THE OBJECT AND CAUSE OF THE LEASING
CONTRACT FROM THE PERSPECTIVE
OF THE PRESENT CIVIL CODE
Author(s): Raluca Antoanetta TomescuSubject(s): Civil Law, Commercial Law
Published by: Editura Bibliotheca
Keywords: leasing; object of benefit; the object of contract; the object of the obligation; cause;
Summary/Abstract: Considering essential in view of strengthening the concept of leasing operations nationally, operations which are still in search of their own identity, to individualize theoretically the specific objectives of this operation and the specific purpose for which they were designed because only so, the leasing operations will regain its rightful place, that for which they were created and promoted in the business environment of a modern economy. Finding ourselves thus in front of a complex, atypical concept, in my opinion, not always properly assimilated, we have the opportunity to analyze the conditions of validity of a series of civil legal acts, which only in this interdependence will create the own legal effects, but which by dissociation will dissolve the essence of the whole operation. Benefiting therefore from an own, particular legal physiognomy, the conclusion of the leasing operations, we can see that it implies the existence of several legal relationships, that appeared between the parties to this operation and which are interrelated to each other, and due to their common economic aim they form a unitary whole. I consider it important to underscore the case for which the parties participate in the achievement of leasing operations, and afterwards we shall distinguish clearly between the object of the contract and scope of the leasing operation, the object of obligation and object of benefit, distinction imposed in terms of the codification of European contract law involving a unitary legal terminology.
Journal: Valahia University Law Study
- Issue Year: 2017
- Issue No: SI
- Page Range: 129-137
- Page Count: 9
- Language: English
