Разваляне и прекратяване на договора за финансов лизинг от лизингополучателя при виновно неизпълнение от страна на лизингодателя. Последици
Еffects of the Rescision and the Termination of Financial Lease Contracts by the Lesee in case of the Lessor’s Default

Summary/Abstract: In recent years financial leasing contracts have becomeone of the most widespread commercial transactions andthe most preferred by both traders and consumers. Nonethelessthe legal regulation of that type of contracts remainsinsufficient and may not adequately answer to theincreasing number of questions raised in practice. Both the rights and the obligations of the parties and thespecific nature of the components of the said contracts aswell as the effects upon the rescission and the terminationof that type of contracts do not enjoy satisfactory legalregulation. The reference to the rules on the contractof hire constitutes an unsuccessful attempt to fill in thecurrent normative gap and results into modifications ofthe very nature of the financial leasing contract. Besides,it is incompatible with the Convention on internationalfinancial leasing. The financial leasing contract (operative or financial) is aspecific type of commercial transaction which revealsthe characteristics of some other types of transactions,however it may be distinguished by its particular featuresthat make it individual legal institute and which are subjectof special interest in the present article.

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