أحكام التنازل عن عقد التأجير التمويلي في القانون الإماراتي

الملخص EN

In this research we have presented the provisions for assignment of the leasing contract contained in Articles 11 and 14 of the UAE Leasing Law No.

8 of 2018, and it has become clear to us that these provisions were deficient and contradictory.

Assignment of a formal contract is also a formal contract, and that the leasing contract is based on Personal consideration on the part of the lessor towards the lessee only.

Therefore, the law stipulated the prior written consent of the lessor to assignment the tenant from the contract to third parties in order to enforce it against him, while it was sufficient to oblige the lessor to notify the lessee for the validity after his assignment of the contract itself to others to enforce this assignment against him, while the assignment In both cases, it shall not be executed against third parties except from the date of its entry in the special register.

Regarding the effects of the assignment of the leasing contract, if this assignment occurs on the part of the lessee, the new tenant takes his place in all rights and obligations arising from the contract, and the original tenant leaves the contractual relationship from the date of the lessor's approval of the assignment unless it is agreed with him to ensure the implementation of the second tenant For his obligations.

If the assignment of the contract occurred by the lessor, the new lessor replaces him with all the rights and obligations arising from the contract, and the original lessor is considered withdrawing from the contractual relationship starting from the date on which the tenant is notified of the assignment, provided that this assignment does not prejudice the rights and guarantees of the latter.

At the conclusion of this study, the researcher reached a number of findings and recommendations concentered on the necessity of reformulating the provisions related to the assignment of the leasing contract, to become more accurate and detailed.