Financial leasing Agreement or leasing agreements; “It is a contract that stipulates that the lessor, upon the request and choice of the lessee, leave the possession of a property that he has purchased or otherwise obtained from a third party or from the lessee himself, or that he has previously owned, to the lessee in return for the rental price, in order to provide all kinds of benefits.”
Although many groups of movable or immovable property constitute the subject of this agreement, it is clearly stated in the law that industrial rights such as trademarks and patents cannot be subject to financial leasing, except for the reproduced copies of computer software. In addition, after the Financial Leasing, Factoring and Financing Companies Law No. 6326 came into force, the leasing method made by selling and renting back method was also accepted and included in the scope of the law.
In this contract, the lessor can only be financial leasing companies. The lessee refers to the one who accepts the financial leasing. Everyone can be a party to this contract as a lessee, regardless of the consumer or the merchant. However, there are also opposite views in the doctrine that consumers cannot be a party to the contract, for reasons such as the fact that the leased goods are investment goods for production purposes and that they are a commercial contract by nature.
The financial leasing agreement can be terminated by ordinary or extraordinary means. It is also possible for the tenant to terminate spontaneously by completing the rent debt or due to the bankruptcy of the tenant, the death of the tenant or the loss of his capacity to act, due to the default of the tenant as a result of not paying the rent, and for other reasons written in the law. As of the termination of the contract, the lessor may take an injunction from the courts regarding the confiscation of the property subject to the contract, as well as provide the right of disposition on the property during the lawsuit by depositing a security in proportion to the cost of the property.
