Athenaeum University

Double Blind Review Evaluation


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ISSN-L 2065 - 8168
ISSN (e) 2068 - 2077
ISSN (p) 2065 - 8168



Giuseppe Garibaldi No. 2A
Bucharest, Romania


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Fax: +4





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  1. Authors:
      • Narcis GODEANU, email: e-mail:, Afiliation: Spiru Haret University, Bucharest, Romania

      • 51|57

  2. Keywords: Contract Case, leasing contract, Contractual interdependence

  3. Abstract:

    Leasing (credit-rent) is a complex, original and stand-alone legal operation as a financing technique for commercial companies.  This transaction, as a whole, typically includes two distinct transactions: the leasing company enters into a sale-purchase agreement with a producer (supplier) through which it purchases the assets to be leased out with a unilateral sales promise, then the leasing company (the borrower) concludes a lease with the user (the borrower) to lease the asset for a certain period of time, with the option of ultimately buying it for a residual price. In court practice, the question arises whether the lease should be canceled or terminated for lack of cause if the sale/purchase contract concluded between the supplier and the leasing company was resolved for non-compliance with the user’s requirements or for hidden vice that does not work for the intended use. The solution adopted in the French case-law was that the two types of contracts are their mutual cause (one with respect to each other) being in the face of contractual interdependence. 

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