The Leasing Contract. Harmonizing National Legislation With The Lease Specific International Norms

• Author: Gheorghe Dinu, Raluca Antoanetta Tomescu
• Pages: 80-86

European Integration - Realities and Perspectives. Proceedings 2016

80

The Leasing Contract. Harmonizing National Legislation with the Lease

Specific International Norms

Gheorghe Dinu1, Raluca Antoanetta Tomescu2

Abstract: By elaborating the proposed work, we want to bring theoretical contributions and enter a scientific

domain which may not be at the beginning of its course to Romanian society, but which we consider to be

able to h andle improvements under doctrinaire and practical aspects. Objectively, we intend to reinforce the

“statute” of leasing operations on a national level, operations which are still searching for their own identity,

lacking any “legacy” gained from experience or historical post-December accumulations, and what has been

gained has been assumed in a rush, under the influence of the Romanian society’s processes of

democratization and European integration and are mechanical accumulations/teachings which resulted from

the enforcement and necessity of complying with certain treaties and agreements which have not been

sufficiently analyzed. Because they were taken in fractions, a series o f norms resulted, lacking the

consistency and sufficiency needed to improve education in the leasing domain, which has oft en led to

contractual imbalances and a considerable decrease of the leasing market in Romania.

Keywords: leasing; contract; convention; financier; user

Among the judicial realities of international commerce, the lease has proved to be the most important

financing method of investing in assets and services. The lease along with the factoring, construction

and fitting and the international tourism contract, are all part of complex international contracts group.

Starting from the premise that the current society is quasi acquainted with the notion of leasing, I will

not support the presentation of the judicial aspects of leasing contracts as the main purpose of this

paper, however I consider it essentially necessary to stop over the elements which have been defined

by international norms as defining for an ongoing leasing contract and which have been partially or

not at all embedded in national norms losing their essence, as well as clear up some antagonistic legal

aspects which have destabilized the Romanian leasing market.

We consider that the punctual explanation of legal aspects which leave room for personal

interpretation and not judicial ones is our obligation, therefore we will not propose to solve and

equation which has already been solved, but to compare national norms with international ones and

thus answer the questions regarding leasing operations in Romania of recent years.

The benefits of this contract will become reality only within a firm legislative framework, clear and

concise, which does not leave any room for personal interpretation, and this framework will be

1 Associate Professor, PhD, Spiru Haret University, Romania, Address: 13 Ion Ghica Str., Bucharest, Romania, Tel.: +4 0 21

314 0075, E-mail: avocatdinu@avocatdinu.ro.

2 PhD in progress, Nicolae Titulescu University, Romania, Address: 185 Calea Văcărești, Bucharest 040051, Romania, Tel.:

+40731018690, Romania, Corresponding author: ratomescu@gmail.com.