NOVA ENTITETSKA REGULATIVA LEASING/LIZING
DJELATNOSTI KAO FAKTOR JEDINSTVENOSTI
EKONOMSKOG I PRAVNOG PROSTORA BOSNE I
Author(s): Miloš Trifković
NEW ENTITIES’ LEGISLATION ON LEASING ACTIVITY AS
THE FACTOR PROVIDING SINGLE ECONOMIC AND
LEGAL SPACE OF BOSNIA AND HERZEGOVINA
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law
Published by: Sveučilište/Univerzitet "VITEZ"
Keywords: leasing; leasing company; branch office; Bosnia and Herzegovina; entities; single market; harmonized legal system; drafting differences; legislative similarities; legislative differences;
Summary/Abstract: The Laws on Leasing, passed in the Republic of Srpska in 2007 and in Federation of B&H in 2008, define leasing as the basic and sole financial activity of a corporation under strong regulatory regime of entities’ banking agencies. The examination of similarities and differences between the two Laws regulating the same business activity led to findings of their impact on: single economic space in B&H, harmonized legal system and on B&H lessees in international transactions. The most important conclusions are following. Adopting the same leasing model, the entities’ Laws continue the trend of gradual establishment of the single market in B&H. The biggest obstacles to its completion is the duty of a corporation to establish subsidiary if it wants to pursue leasing business in another entity and, consequently, double regulatory supervision. Without any visible reason, differences in drafting techniques and substantive and procedural norms are greater than on systemic level. The paper contains proposals for mitigation of damaging consequences those discrepancies produce. In this context, there is a suggestion to novel the law on IPL as to subtract international leasing contracts to BH domestic law.
- Issue Year: 2010
- Issue No: 1
- Page Range: 116-136
- Page Count: 21
- Language: Bosnian, Croatian, Serbian