Author(s) Maria da Conceição Soares Fatela
Advisor(s) Américo Fernando Gravato Morais
Synopsis In this report of professional activity, which we called “The financial leasing contract: some practical problems”, we intend not only to realize the professional experience acquired over more than 20 years of practice as a Lawyer, always exercising in Institutions of Credit, and with special emphasis in the area of financial leasing, but also transmit a practical legal knowledge, showing some of the problems in this area that were presented to us in our professional life in regards the financial leasing contract. So, the path we chose to follow in this report was to start it by our academic education, then covering training courses we have attended to, followed by a presentation of the academic articles we published, and finally, we report our professional experience focusing, essentially, in the leasing contract, its characteristics and specificities. In the last part of this report we emphasize and analyze some of the practical problems that the financial leasing contract presented us throughout our profession, among which is the problem of transmission by death in the financial leasing contract, the issue of VAT on the financial leasing of aircrafts, the registration problems in the financial leasing of vessels, and highlighting other practical problems that cause financial leasing contract to the lessor arising from them being the owner of the leased asset. Also in respect to the leasing contract, we chose to refer to the distinction between financial lease and some of the related contracts, such as the operating lease, lease, purchase and sale with reservation of ownership and credit. Then we pass through the right to the option of purchase on expiry of the leasing contract and we end with a brief generic reference about the financial leasing contract in other countries, such as Spain, France, Italy, Brazil and Argentina.
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