Finansal kiralama sözleşmesinde kiracının hak ve borçları
Rights and obligations of lessee in financial leasing contract
- Tez No: 100181
- Danışmanlar: PROF.DR. AHMET KILIÇOĞLU
- Tez Türü: Yüksek Lisans
- Konular: Hukuk, Law
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 2001
- Dil: Türkçe
- Üniversite: Ankara Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Belirtilmemiş.
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 152
Özet
Özet yok.
Özet (Çeviri)
SUMMARY Financial leasing contract is a legal transaction which can be defined as an exchange of assents by lessor and lessee, resulting in an obligation to finance the asset according to the lessee's choice by the lessor and an obligation to pay lease payments during the lease term by the lessee. In this contract, lease term must be long to cover all economic life or most important part of the asset and lease payments must cover the cost price of the asset, interest and profit of the lessor. Financial leasing contract defined above, is regulated in Code of Financial Leasing dated 10.06.1985 and numbered 3226 in Turkey. With respect to article 4 of this Code, basic elements of the contract are: to leave asset's (which is purchased from third person or acquired in other way, for example with a job contract by the lessor) possession to the lessee; financial leasing payments; an agreement between parties and a term that can not be terminated for a fixed time. Parties of the contract are the lessee and the lessor. According to the Code, lessee can be any person, but, with respect to the aim of the financing contract, lessee shall be investor and with respect to article 10 of the Code, lessor shall be established as a joint stock corporation. Article 8 of the contract states a validity clause that financial leasing contract shall be notarized. Besides this obligation, if the asset is movable, contract shall be registered to the private registry, which is in the notary public of lessee. If the asset is immovable, contract shall be registered to the land registry where the immovable property is placed. And if the subject of the contract is a ship, contract shall be 147registered to the ship registry. But registry of the contract to the private, land or ship registry is not the validity clause. During the lease term, lessor will remain the owner of the asset and lessee use the asset as if he is an owner. Lessee has a right to use the asset and get all benefit from asset during the lease term. Also, lessee can demand to insure the asset from lessor. And if it is agreed in the contract, lessee can use the right of purchasing the asset at the end of the lease term. Besides these rights, obligations of the lessee are: to pay lease payments; to use the asset due to the provisions regulated in the contract; to pay the insurance premiums and not to transfer the possession of the asset to any third party. Lessee is liable for maintenance and reparation of the asset and in connection with this obligation he is liable for any loss or damage related with the asset. At the end of the contract, unless otherwise agreed in the contract, he has to give back the asset to the lessor. Besides the provisions related with the rights and obligations of the lessee in a financial leasing contract regulated in Turkish Code of Financial Leasing, there are more protective provisions in European Community Law especially in consumer contracts. 148
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