Lizingo (finansinės nuomos) teisinis reglamentavimas Lietuvoje ir tarptautinėje teisėje

Abstract

The main purpose of the master thesis is to analyse conception of leasing (financial lease), main elements, problems or legal regulation of leasing in Lithuania, also to highlight the merits and demerits of regulation in comparison with the legal basis of other countries and international documents, as well as to detect gaps in legal regulation. The historic development of leasing is briefly reviewed in the master thesis, the two main types of leasing – financial and operational leasing – are also briefly analysed. Furthermore the conception of leasing (financial lease) in Lithuania is analysed and compared with the conception introduced by European Federation of Leasing Company Associations (Leaseurope) and conception established in international law acts (1988 Ottawa Convention on International Financial Leasing). The substantial features of leasing (financial lease) agreement are distinguished. The legal nature of leasing (financial lease) is also examined in the thesis as well as resemblance to lease, sale-purchase, crediting, loan legal relationships, the main theories are distinguished in the thesis as well as attention paid to the law specialists who favour the theory that leasing (financial lease) is derived from lease and sale-purchase legal relations. In the master thesis attention is drawn to the problem – on the basis of which criterions it is possible to distinguish abovementioned similar legal institutes from leasing (financial lease). The master thesis also provides analysis of leasing (financial lease) legal relationship. The conception of lessor as a special party in Lithuania and other countries is thoroughly analysed as well as special requirements applicable to the lessor. Also the conception of lessee established by the Civil Code of the Republic of Lithuania and legal acts of other countries is analysed as well as problem of differentiation of the lessee from the consumer as one of the actual existing problems. The seller asa party to the relation arising from leasing (finansial lease) agreement ia also observed as well as seller’s relation with the lessor and lessee, repartition of liability between the seller and the lessor and the lessee. The Lithuanian and international regulation applicable to the object of the leasing (financial lease) agreement is examined as well as established restrictions on land and natural resources to be object of the leasing and the expediency of such restrictions. The content of the leasing (financial lease) legal relationship is observed in the master thesis, the rights and obligations, arising between the lessor and the lessee on the ground of leasing (financial lease), of the parties to the leasing relationship are examined as well as scope of the rights and obligations of the lessor and the lessee depending on the assumed responsibility under the agreement. Conclusions and suggestions are presented at the end of the thesis; it is proposed to amend certain legal acts regulating leasing (financial lease).