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CNAA / Theses / 2007 / June /

Legal Regulation of Financial Leasing Operations in the Republic of Moldova (Comparative Views)


Author: Cristina Martin
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2007
Scientific adviser: Victor (decedat) Volcinschi
doctor, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 8 June, 2007
Approved by NCAA on the 18 October, 2007

Abstract

Adobe PDF document – 0.34 Mb / in romanian

Thesis

CZU 347.453+347.73

Adobe PDF document 1.33 Mb / in romanian
223 pages

Keywords

leasing, leasing operation, leasing activity, financial leasing, operational leasing, types of leasing, categories of leasing, advantages of leasing, core of leasing, leasing agreement, parties of leasing, leasing company, lessor, lessee, seller, object of leasing, form of lease, form of financing, sale-purchase in installments, leasing rate, residual value, entry value, option right, repurchase right, absolute vindication

Summary

The goal of this thesis is to analyze leasing as a whole, with emphasis on financial leasing, as well as establish its legal nature and find its place within the civil rights system.

This paper is a comprehensive review of the issues revolving around the legal regulation of leasing operations, conducted from the normative acts and doctrine perspectives. A complete comparative review of the current national legal regulations has been carried out across those known from other countries, specifically from the European Union.

The paper unveiled the most important legal aspects of leasing: defining leasing in economic and legal terms (as a legal institution, as a legal deed and as a legal relationship), determining the core and features of leasing operations, classifying and reviewing each type and category of leasing, outlining the legal features and the advantages of financial leasing as a type of leasing, defining a leasing agreement and describing its legal nature, emphasizing the elements of a leasing agreement (object, parties, price, form and term), reviewing the rights and obligations of parties under a leasing agreement, assessing the risks and guarantees for mitigating the consequences of the above in carrying out financial leasing operations.

The review conducted has both research and practical value, as it is for the first time in domestic literature that a comprehensive review is conducted on research concepts with respect to leasing, legal regulations and hands-on application of leasing operations in Moldova and outside it alike. There is an in-depth analysis on legal uncertainties and gaps, as well as on the actual issues caused by those in carrying out financial leasing operations and their hands-on application, based on which ways and procedures were established to work those out.