Legal and Jurisprudential and Economic Analysis of leasing and Its Pathology in Iran’s Economy

Document Type : Original Article

Authors
Mohammad Zaman Rostami 1
Seiied Abolghasem Naghibi 2
Mohammad Hadi Rostami 3
1 Assistant Professor of the Department of Economy at Qom University
2 Associated Professor of the Department of Fiqh and Private Law at Shahid Motahhary University
3 PhD Student of Fiqh and Private Law at Shahid Motahhary University
10.30497/fiqh.2017.2318
Abstract
Leasing facilitates the sales of goods for producers and Speeds up the Allocating financial resources of investors and owners of resources (like banks or credit institutions) in the money and capital market. Leasing increase the purchasing power of consumers.by leasing (because of creating real and guaranteed demands) producer can plan and make good decisions for their financial resources so finally they can reduce the prices. In Iran, leasing is as hire-purchase it means that you sign a contract whit the producer that you will pay the price in instalment way in a period of time whereas that produced will be given to you and you can use it during the contract time. At the end of the time if you paid all the price and you where loyal toward the contract you own that produced but you should pay some money because of some role that you accept it in the contract( for depreciation and shelf life of that produced) as the sale price or remained of price or value of writeoffs. There is no consensus between jurists in the nature of leasing. Someone’s considered it as renting with this condition that the ownership of rented goods transfer to the tenant. Others considered it as a sale contract because of the seller and customer goal. Major of leasing contracts lead to combination of sales and renting contracts. Unreality and Instrumental usage of it in banking system make it away from its main goals and chief duty.
In this article we study some ways of using leasing in legal aspect and our goal is to show leasing as a useful way for economically development. We assume that we don’t use leasing because of some problems.
Keywords
Leasing
Hire-purchase
Islamic contracts
Formal contracts
Research Letter of Social Jurisprudence (Interdisciplinary Researches in Jurisprudence/ Researches In Jurisprudence)
Volume 5, Issue 10 - Serial Number 10
October 2017
Pages 149-174

  • Receive Date 29 November 2016
  • Revise Date 05 February 2017
  • Accept Date 07 April 2017