The legal and regulatory framework for the Leasing in Algerian legislation

Abstract

Leasing is a financing technique , and it is one of the most important types of loans because of its advantages. Indeed , it enables the economic operator to obtain the assets that his project needs without having the financial resources , and this is by concluding a contract with the leasing company , the latter leasing the assets for a certain period in return for rent installments , and at the end of the contract term , the lessee has three options , either to purchase the assets , or to renew the lease , or to return the leased asset in return , and the lessor retains ownership of the assets. Accordingly , this study aims to study the legal aspects of leasing , especially by addressing order 96-09 related to leasing , and working to spread its financing culture since it is unknown to the majority of economic dealers. One of the most important results reached through this study is the mixed legal nature , different from the ordinary lease contract because it is associated with the feature of purchase as an option granted to the tenant. Moreover , it also differs from the rest of the loans in terms of the subject of the contract. The three – way leasing is achieved by the leasing companies with economic dealers , in addition to the supplier due to the existence of relations between the lessor with the supplier of the asset allocated for rent.