Международная унификация финансового лизинга

Abstract

The complexity of international leasing consists in its being affected by a number of currency, customs, tax and other rules of state regulation not only of the country of origin but also of the country of the co-signatory. The scope of the spread of international leasing deals and participation therein of parties operating within the frameworks of their own legislations dictated the necessity of establishing the unified code of legal requirements for concluding and regulating such transactions, the code which would be coordinated with domestic legislations of separate countries. In order to eliminate the existing obstacles and make the code more assessible a numerous group for elaboration of the unified code of rules of international financial leasing application was set up within the framework of the International Institute on private law unification in 1974. The development of the convention took into account the existing national legislations; however, it was designed with the view of its becoming in its turn the basis for further legislation. Fourteen years of work of a number of specialists from different countries and international organisations resulted in adopting the UNIDRUA Ottawa Convention "On International Financial Leasing". The present paper makes an attempt to reveal the process of designing the convention document and to focus on some points which might present some interest for the reader.