ლიზინგი ქართული კანონმდებლობითა და სასამართლო პრაქტიკის მიხედვით

Human – needs, wants, demands. These components are the basis of formation of the society as a phenomenon. Society itself can be described as a union (industrial relationships of the society), which requires to be coordinated for obtaining and protecting the goods that are vital for satisfying its needs and wants. Precisely these needs and wants create civil circulation, which requires managing tools. These managing tools, on the other hand are created by law. With legal norms we are given the possibility to form the demands in a way that enables us to foresee the result of the demand.
Statements above let us conclude that contract law has huge role in regulating civil circulation and solving disputes that might occur in the society. Traditional contractual forms form the base for new, developing ones, that have their own specific characteristics. Exactly this type of new contractual form is financial leasing, which is the research subject of this paper.
Georgia is among those many countries where financial leasing is a novel concept, compared to other, existing contractual forms. In the past decade financial leasing has developed rapidly all over the world, including in developing and in transition economy countries. Despite this fact, nowadays there is no existing universal code for regulating financial leasing and countries regulate this institute according to their national interests with their national law. However, during this process one should not forget that not taking into consideration other countries’ experience in this filed is not reasonable, especially when during the economic globalization process big leasing companies are increasing international cooperation within leasing contracts. To benefit from the full potential of financial leasing, it is important to harmonize this institute in both, international and domestic law.
Financial leasing as an institute has developed in the common law countries and then it spread in Europe and in Georgia. Because of this, while studying financial leasing it is important to pay attention to common law countries’ experience in this field. Comparative analysis of different regulations will open new horizons and show us different results, which on the other hand will help us to make better conclusions.
The aim of this paper is to provide theoretical analysis of international regulations of financial leasing, domestic law, court decisions and the sources mentioned below, to study the usage of financial leasing as a legal institute and discover its potential in order to find the solution for the problems that are retracting increase of the efficiency of financial leasing.