Moskvina, A.V. Specific features of qualification of leasing

Abstract: Russian law and foreign law have different classification of leasing relations, while the legislation does not provide for the detailed characteristics of general and specific characteristic features of this institution and its types. In most states the leasing Is defined as a type of similar civil law institutions, such as rent, sale by Installments, credit, and it is regulated by general norms as applied to the parties of sale contract, property rental contract, etc. However, when the disputes regarding international leasing come to court, this approach to leasing causes conflicts of qualification and re-qualification of the leasing contracts into other types of contract. The author of this article analyzes and generalizes legislative and judicial regulation of leasing in various states, as well as the unified conventions and doctrine, she defines the general and special elements of leasing, which allow to single it out as an institution and to distinguish it from similar civil law constructions.

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