التوازن بين مسؤوليتي المؤجر و المستأجر في عقد التأجير التمويلي : دراسة في التشريع الأردني

الملخص EN

The financial leasing contract is a new and complicated one both in nature and consequences.

It takes the form of a rent contract, yet it extends to more than this description in many of its obligations.

Its consequences and obligations are severer on the tenant than on the lessor, which gives the impression of imbalance between these mutual obligations.

This is reflected on both parties of the contract.

The tenant is asked not only about his actions but even about what others do; in addition to the great burden he bears.

On the other hand, we notice that the lessor tries to loosen his responsibilities, by the various terms he includes in the contract.

This happens due to the fact that the lessor aims essentially to invest his money in the process of financing, buying the rented property, and then rent it to the tenant who, on his part, uses the property then owns it eventually at the end of the leasing period.

Owning the house at the end of the period-in addition to the other benefits compels the tenant to accept the heavy responsibility imposed on him by the lessor without any hesitation.

He avoids the consequences of such responsibility through other contracts that shun or mitigate it.

Such contracts include the insurance contracts, selling contracts and promise to contract.

To clarify this, I attempted, in this study, to analyze the financial leasing contract through defining it, and discussing its characteristics and the nature of its consequences, in order to emphasize the responsibility of the two contracted parties, as well as defining the limits that achieve balance between them.

Finally, the results of this study are stated.