Request For Adaptation Of Financial Leasing Agreement
What is a Financial Leasing Agreement
Financial leasing agreements are contracts in which the lessor transfers the possession of a good to the lessee for a price in order to obtain all kinds of benefits from that good. In a leasing contract, there is a good to be profited from, the right to use this good is transferred, but the ownership is not yet transferred. These are usually high-priced goods. The lessee is responsible for the maintenance of the goods. Any expenses to be incurred are borne by the lessee himself.
ADAPTATION OF FINANCIAL LEASE AGREEMENT
Changing the lease agreement determined between the parties in accordance with the changing conditions is called an adaptation case. One-year rent is taken into consideration when determining the court in charge in adaptation cases. If the one-year rent is below the limit determined in the CCP, the Civil Courts of Peace are authorized, and if it is above, the Civil Courts of First Instance are authorized.
SAMPLE PETITION FOR ADAPTATION OF FINANCIAL LEASE AGREEMENT
TO THE COURT
THE PLAINTIFF :
ATTORNEY :
DEFENDANT
SUBJECT : It is related to the request for adaptation of the financial leasing agreement.
EXPLANATIONS :
1-) Our client has signed a financial leasing agreement with the defendant and has therefore entered into a debt payment obligation. However, due to the fact that the financial leasing contract in question is indexed to foreign currency, it has become impossible to pay the vehicle lease installments due to the extraordinary increases in foreign currency prices. Due to the difficulty in payments, the balance between the performances of the contract with journal number … has deteriorated to the detriment of the client.
2-) The excessive change in the balance between the performances and the unexpected situation in this sense made the continuation of the contract in the same way intolerable for the client. For this reason, it has become necessary for us to demand and sue for the adaptation of the financial leasing agreements by converting them into Turkish Lira at the exchange rate on the date they were concluded.
LEGAL GROUNDS : 6098 S. K. art. 480/2
LEGAL EVIDENCE :
CONCLUSION AND REQUEST : For the reasons we have tried to explain above, we request by proxy to determine the financial leasing agreements by adapting them to today’s conditions, and to decide to charge the court costs and attorney fees to the other party. …/…/…
ANNEXES :
1-) … journal numbered contract
Counsel for the Plaintiff
ATTY.
You can access our other article examples and petition examples by clicking here.