Financial Leasing Agreement
Financial leasing agreement or leasing agreements; “is a contract stipulating that the lessor, upon the request and election of the lessee, leaves the possession of a property that it has purchased from a third party or from the lessee itself, or that it has obtained from a third party or from the lessee personally, or that it has previously taken into its ownership, to the lessee in exchange for a rental fee in order to provide all kinds of benefits.
Although many groups of movable or immovable goods constitute the subject of this contract, the law clearly states that industrial rights such as trademarks and patents cannot be subject to financial leasing, except for reproduced copies of computer software. In addition, after the enactment of the Financial Leasing, Factoring and Financing Companies Law No. 6326, the sale and leaseback leasing method was also accepted and included in the scope of the law.
In this contract, the lessor party can only be financial leasing companies, and the lessee is the one who accepts the financial lease. Anyone can be a party to this contract as a lessee, regardless of whether they are a consumer or a merchant. However, there are also contrary opinions in the doctrine that consumers cannot be a party to the contract for reasons such as the fact that the goods subject to lease are investment goods for production purposes and that it is a commercial contract in nature.
The lease agreement may be terminated by ordinary or extraordinary means. It is also possible for the lessee to terminate automatically by completing the lease obligation or to terminate due to the lessee’s bankruptcy, the lessee’s death or loss of capacity to act, the lessee’s default as a result of non-payment of the lease amount and other reasons written in the law. As of the termination of the contract, the lessor may obtain an injunction from the courts for the seizure of the property subject to the contract, as well as the right to dispose of the property during the lawsuit by depositing a security deposit in proportion to the value of the property.