EKONOMICZNA TREŚĆ INSTYTUCJI LEASINGU
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Date
2005
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Wydział Prawa i Administracji UAM
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THE ECONOMIC NATURE OF A FINANCIAL LEASE
Abstract
Financial lease is an alternative to a cash or hire purchase and is a more flexible way of acquiring
the possession of the lease object, other than ownership. The possibility of adjusting to the
current needs is of a significant practical value, but at the same time it poses a substantial difficulty
in defining the constituent features of a financial lease. In order to understand its essence, two related instruments were taken as a point of reference: a lease and a rental. It was assumed
that the essence of a financial lease lies in the set of features that provide for a different manner of
accessing a given object, being economic functions allowing the use of the object rather that a legal
form of its ownership.
The results of the analysis allowed a statement that the question of the essence of a financial
lease consists in considerations regarding the nature of the relations between the purchase price of
the object, its market value, the amount of rent payable, and the selling price. The determination
of the economically sound, or cost efficient configuration of the above parameters has become a tool
used in the revision of opinions on the concept of a capital instalment as a criterion used to classify
different types of lease. The differentiation between the determiners specifying the lease instalments
made it possible to formulate the concluding remarks as to the essence of the financial lease.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 67, 2005, z. 2, s. 191-207.
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ISBN
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0035-9629