الطبيعة القانونية لعقد التأجير التمويلي

الملخص EN

This study aims to clarify the legal nature of the leasing contract, which is a new and complex financing method of several overlapping relationships, which led to the entanglement of legal relations resulting from this contract because there are more than one party in its implementation, which has sparked a doctrinal debate about the legal nature of this contract.

To learn the legal provisions and rules applicable to it, the study showed this by studying the theories of the traditional concept and modern theories of this decade, and distinguishing it from other traditional contracts, and the researcher used the comparative analytical descriptive method through the legal texts related to In this regard, the researcher reached a set of results and recommendations, and perhaps the most important of these results that the financial lease is an independent contract has its own entity, and must be recognized as a single contract with its own provisions, and can not be dropped traditional legal rules on it because of the different rights and duties of its parties, and from The recommendations of the study that there is no reason to issue a special law for the lease, including its provisions transferred and the property, in its various forms and forms, and contracts of which one of the parties is foreign.