engleski

Leasing Contracts: Croatian Law in Comparative Context

In 2005 the leasing companies had participated in the total assets of Croatian financial market with 6.41%, thus becoming the second largest financial market players. This had induced a need for a detailed regulation of leasing business in Croatia, both in contractual and in company law aspect. In 2006 the Leasing Act was adopted and it has set forth not only strict norms on organization and supervision of the leasing business but moreover has prescribed the required content and form of the leasing contracts. Therefore the Leasing Act has become the new normative frame of the leasing business in Croatia, in addition to the existing Obligations Act and Company Act. Regulating the financial and operative leasing contracts, Croatia has joined the club of several European countries which have special private law rules on leases with a financial purpose, different from the general rules on leases. This paper analyses the main characteristics of the leasing contracts in Croatian law, with particular regard to the rights and obligations of the contractual parties. The articles of Croatian Leasing Act which regulate the financial and operative leasing contract are examined in contrast to relevant laws of several European countries in order to identify the differences and the common attributes in the legislation on leasing with a financial purpose. The comparison with the principles, definitions and model rules of the Draft Common Frame of Reference for a European Private Law (DCFR) is also given in this paper.

lease contracts ; lease of goods ; leasing ; financial leasing ; operative leasing

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