Theoretical and legal issues about leasing object.

Abstract

The article presents various theoretical and legal approaches to the interpretation of the category of "object of law". The scientific approach to the definition of the category "object" in the legal relationship as its integral part was applied. An approach is used to identify the categories of "object of law" and "object of legal relations" in the same meaning. Grounded position on the impossibility of objectless legal relations. We study the main scientific theories that explain the essence of the object of legal relations: pluralistic and monistic. Based on analysis of current legislation in the field of regulation of leasing activity, found that the legislator uses the pluralistic approach "object – good" to determine the non-exhaustive list of objects of leasing legal relations. Taking into account the provisions of the legislation in the field of leasing, we were offered our own definition of the concept of "leasing object". The essence of the leasing object and its features were identified. The monistic theory of the object of two type applied to leasing legal relations. We have found out that in the leasing legal relations the actions of the subjects of the leasing, provided by the leasing agreement, are of the object of the first type, and property in the form of things necessary for the organization and direct the implementation of leasing activity is the object of the second type. We considered the essence and specific features of the property which may be the object of the second type of leasing relationship. Correlation of concepts of "property" and "thing" is defined. The need for the distinction between "object of leasing relations" and "subject of the leasing agreement" proved their correlation. The complex internal structure of the subject of the financial leasing agreement investigated. During the study established, that the subject of a financial leasing agreement consists of two objects, namely: the legal object – actions on the transfer of property for temporary use for a set fee, and the material object – things, defined by individual characteristics, classified under the legislation to the fixed assets.