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Arbitrage practice / Recognition Agreement leasing nedeystvytelnыm and vzыskat lyzynhovoy company with Money (lyzynhovыe payment). Myth or reality?
Until recently it seemed that the lease agreement as a lease of the property is somewhat similar, and therefore the recognition of such transactions void were only possible in the future.
Indeed, with regard to lease contracts, in this respect the practice of economic courts remained adamant, but interesting things happen in litigation regarding the lease contract (leasing).
The company‘s specialists have repeatedly KODEX helps its customers to return money that was paid for the last years of the lease agreement.
Thus, according to h. 2 tablespoons. 1 of the Law of Ukraine "On Financial Leasing" under finance leases (hereinafter - the lease agreement) the lessor undertakes to acquire ownership of the thing from the seller (supplier) in accordance with the specifications and conditions of the lessee and transfer it to the lessee for a definite term of not less than one year for a fee (lease payments).
In accordance with para. 5 hours. 1 tbsp. 4 of the Law of Ukraine "On Financial Services and State Regulation of Financial Markets" financial leasing is a type of financial services.
Law of Ukraine "On Financial Leasing" (v. 16) determines the size of the lease payments essential condition of the lease agreement.
According to article 524 of the Civil Code of Ukraine obligation must be expressed in monetary unit of Ukraine - hryvnia.
Generally, in accordance with the contractual terms, the lease payments payable for the course fees - selling rate of euro on the date of payment.
But, h. 2, Art. 16 of the Law of Ukraine "On Financial Leasing" does not provide for the remuneration of the lessor according to the rate of currency conversion, the grounds for which are not available.
As a consequence, the economic courts usually agree with our position that the reference in the contested agreements on the dollar and binding lease payments to a change in the exchange rate is illegal and is subject to invalidation. In this case, the courts apply the rule on the return of the parties in the previous position and return the lease payments (cash) for the entire period of the complainant.
Thus, the latest jurisprudence on the subject suggests the possibility of recognizing the contract null and void the lease and return the lease payments to the lessee in full.
If you need to recognize the lease agreement invalid and / or return the lease payments / to recover funds from the leasing companies, our specialists are always ready to help you.