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По въпроса за лизинга на търговското предприятие
Leasing an Enterprise

Author(s): Polya Goleva
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: Art. 347, para. 1 of the Commerce Act provides that the rules adopted for the lease of contract should also apply to the lease of commercial enterprise. Bulgarian literature, however, holds that such a legislative arrangement is not correct, since the subject of a lease can be an individual object, while the commercial enterprise is a totality of rights, obligations and factual relations. This article takes up the position that the use of a commercial enterprise is admissible, regardless of the fact that it cannot be defined as an individual object. The author makes the usage of the term ‘lease’ more precise by giving reasons so as to define a different legal nature of the contract to enable its use for the needs of commercial enterprise, namely the legal nature of the usufructuary lease.

  • Issue Year: L/2009
  • Issue No: 4
  • Page Range: 35-43
  • Page Count: 9
  • Language: Bulgarian