Moskvina, A.V. Trans-border characteristics of the leasing contract

Abstract: Both the Russian law and the international treaties on unification of leasing relations recognize the foreign «nationality» of a lessor or a lessee as an element, which allows recognizing a trans-border contract. This article includes analysis of other elements, which allow to recognize leasing as trans-border legal relation, and which connect it to the international legal order, as well as the practical and legal consequences of inclusion of foreign elements into a contract. The author analyzes the following trans-border elements: participation of the foreign seller in a leasing deal; inclusion of the foreign parties into the obligation due to cession or performance of an obligation by a third party. Additionally to the cases of introduction of foreign subjects, the author also discusses the cases when the leasing object is situated in a foreign state, or when the contract is concluded abroad. The conclusions are based upon the judicial practice of the arbitration courts, as well as upon the provisions of the Russian and foreign legislation.

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