Diversified Practice of Lease Item Return
Keywords:
Lease Item Value, Determination of State Duty by 60 GEL, Separation of Leasing from Other Contracts.Abstract
Leasing companies face a variety of objections when returning a lease item, which is also supported by the Court's diverse approach. When the main activity of a company is leasing property, their return is also part of the daily routine. In each case, assuming that the item was in the best condition, the calculation of the state duty would increase the company’s expenses and threaten commercial activities. Writing the article was driven by the author's practical experiment, according to which, in spite of the market value of the lease item, a new judicial approach has been established when defining 60 GEL of state duty on its return in all cases and the leasing company has significantly saved finances. The purpose of this paper is to determine the value of the subject of dispute, the court, the state duty when returning the lease item, also facilitate the development of a unified approach on the basis of analyzing the practical difficulties and to inform the reader of the possible obstacles associated with the return of the lease item.
References
Law of Georgia on Facilitating the Prevention of Illicit Income Legalization, 06/06/2003.
Civil Code of Georgia, 26/06/1997.
Tax Code of Georgia, 17/09/2010.
Order of the Head of the Accounting, Reporting and Audit Supervision Service № N-26 on “Introducing International Financial Reporting Standards (IFRS) into Georgian Language”, 26/12/2017.
Order № 18/04 of the President of the National Bank of Georgia on “Approval of the Procedure for Calculating the Annual Effective Lease Rate, Fee, Financial Cost, Penalty and / or Any Form of Financial Sanction for the Purpose of Article 576 of the Civil Code of Georgia”, 05/02/2019 .
Order № 1/04 of the President of the National Bank of Georgia № 1/04 on the “Establishment of the List of Attention Zones for the Purposes of the Law of Georgia on Facilitating the Suppression of Illicit Income”, 09/01/2017.
Order № 2 of Head of the Financial Monitoring Service of Georgia on “Approval of the Regulation on Receipt, Systematization, Processing and Transmission of Information by Leasing Companies to the Financial Monitoring Service of Georgia”, 05/09/2013.
Financial Reporting International Standard (FRIS) for SMEs, www.saras.gov.ge/Content/files/Final-IFRS_for_SMEs_2017_%2017-october.pdf.
Ottawa Convention on International Leasing, 28/05/1988.
Rome Model Law, 13/11/2018.
Australian Accounting Standards Board, AASB 117, 14, 01/12/2009, www.aasb.gov.au/admin/file/-content105/c9/AASB117_07-04_COMPjun09_01-10.pdf.
Barbakadze Kh., Leasing ― Tax Process Optimization Tool, Tbilisi, 2017, 3, 4 (in Georgian).Boobyer Ch., Leasing and Asset Finance: The Comprehensive Guide for Practitioners, 4th
ed., London, 2003, 303.
Chandraiah E., Evaluation of Lease Financing, New Delhi, 2004, 39.
Cuming C. C. R., Model Rules for Lease Financing: A Possible Complement to the UNIDROIT Convention on International Financial Leasing, Unif. L. Rev. n.s., Vol. 3, 1998, 378.
Dzlierishvili Z., Legal Regulation of Leasing, Journal “Review of Georgian Law”, № 5 (4), 2002, 506, 508, 510 (in Georgian).
Desk Dictionary of an Official, UNDP, Gurgenidze V. (ed.), Tbilisi, 2004, 483 (in Georgian).
Gepheridze D., Aircraft Leasing under International Law, Journal “Law”, № 11-12, 2003, 73, www.intlaw.ge/old/publikaciebi/statia%206.PDF (in Georgian).
Ghudushauri A., Leasing and its Opportunities, Journal “Law”, № 11-12, 1993, 55 (in Georgian).
Guzhva V. S., Raghavan S., D'Agostino D. J., Aircraft Leasing and Financing: Tools for Success in International Aircraft Acquisition and Management, 2018, 86, www.efinancemanagement.com/-sources-of-finance/difference-between-operating-and-financial-lease.
Imedashvili G., Kharaishvili S., Aircraft Leasing Contract, Journal “Law”, № 1-2, 2006, 39, 40 (in Georgian).
Iremashvili Q., Online Comment of the Civil Code of Georgia, Article 576, Line 13, 21, 71-72, www.gccc.ge/წიგნი-მესამე/კერძო-ნაწილი/კარი-i-სახელშეკრულებო-სამ/თავი-iv-ლიზინ¬გი/¬მუხ¬ლი-576/ (in Georgian).
Jankhoteli Sh., Leasing, Journal “Civil Law”, October,1998, 51-53 (in Georgian).
Khurtsilava R., Simplified Procedure in the Georgian Civil Process, Tbilisi, 2009, 177, 187 (in Georgian).
Lesni L. C., The Lease Contract, Contemporary Readings in Law and Social Justice, Vol. 4(2), 2012, 900.
Meshvelishvili S., The Essence of Leasing Relations, Historical Review of its Development, Peculiarities and Modern Definition, Journal “Justice and Law”, № 4 (39), 2013, 86-88 (in Georgian).
Nadaraia L., Rogava Z., Rukhadze K., Bolkvadze B., Comment on Tax Code of Georgia, Book I, Tbilisi, 2012, 108, 421 (in Georgian).
Practical Recommendations of the Supreme Court of Georgia to Magistrate Judges on Civil Procedure Law, Tbilisi, 2008, 101, www.supremecourt.ge/files/upload-file/pdf/rek2008.pdf (in Georgian).
Practical Recommendations of the Supreme Court of Georgia to Judges of General Courts on the Civil Procedure Law, Tbilisi, 2010, 26, 27, 105, www.supremecourt.ge/files/upload-file/pdf/Praqtikuli¬rekomendacebi6-12-2010.pdf (in Georgian).
Qoqrashvili Q., International Financial Leasing and the Real Aspects of Its Establishment in Georgia, Journal “Law”, № 3, 2001, 35, 38, 39 (in Georgian).
Qochashvili Q., Ownership as a Basis for Presumption of Property (Comparative Jurisprudence Study), Tbilisi, 2012, 140 (in Georgian).
Tabagari A., Promoting Leasing Activities Processually, Journal “Man and Constitution”, № 2, 2004, 97 (in Georgian).
Takashvili S., Legal Regulation of the Origin of a Movable Property Right under Georgian Law, Besarion Zoidze 60, Anniversary Edition, Gegenava D., Jorbenadze S. (ed.), Tbilisi, 2013, 51-53 (in Georgian).
Vial E. L., Georgia's New Law on Leasing ― A Critical Analysis, Journal “Review of Georgian Law”, № 5 (4), 2002, 530, 532 (in Georgian).
Wang G. J., Yang J., Financing without Bank Loans: New Alternatives for Funding SMEs in China, Singapore, 2016, 109.
Zarandia T., Transfer of Ownership on Movablr Property. Origin of Ownership of Mechanical Motor Vehicles. Collision of Norms, Foundations of Georgian Civil Law in Georgian Judicial Practice, Zarandia T. (ed.), Tbilisi, 2016, 68-70 (in Georgian).
Zoidze B., Georgian Property Law, Tbilisi, 2003, 97 (in Georgian).
Civil Cases Chamber of Tbilisi Appeal Court, Ruling of 17 September 2019 on satisfaction of a private compliant, N 2b/5183-19.
Civil Cases Chamber of Tbilisi Appeal Court, Ruling of 9 August 2019 on the satisfaction of a private complaint № 2B/4479-19.
Civil Cases Chamber of Tbilisi Appeal Court, Ruling of 9 August 2019 on the satisfaction of a private complaint, № 2B/4852-19.
Civil Cases Chamber of Tbilisi Appeal Court, Ruling of 27 June 2019 on the satisfaction of a private complaint, № 2B/4296-19.
Civil Cases Chamber of Supreme Court, Ruling of 4 May 2019, № AS-267-267-2018.
Civil Cases Panel of Tbilisi City Court, Order of 25 March 2019 and Writ of Execution, № 2/5856-19.
Civil Cases Panel of Tbilisi City Court, Order of 20 March 2019 and Writ of Execution, № 2/5421-19.
Civil Cases Panel of Tbilisi City Court, Order of 19 March 2019 and Writ of Execution, № 2/5384-19.
Civil Cases Panel of Kutaisi City Court, Order of 7 March 2019 and Writ of Execution, № 2/448-19.
Civil Cases Panel of Tbilisi City Court, Order of 25 February 2019 and Writ of Execution, № 2/3730-19.
Civil Cases Panel of Tbilisi City Court, Order of 25 February 2019 and Writ of Execution, № 2/37561-19.
Civil Cases Panel of Batumi City Court, Order of 22 February 2019 and Writ of Execution, № 2-439/19.
Zestafoni District Court Order of 19 February 2019 and Writ of Execution, № 2/71-2019.
Criminal Investigative, Pre-trial and Substantive Discussion Panel of Tbilisi City Court Ruling of 13 February 2019, № 11A/2244-19.
Civil Cases Panel of Tbilisi City Court, Order of 11 February 2019 and Writ of Execution, № 2/2270-19.
Civil Cases Panel of Tbilisi City Court, Ruling of 31 January 2019, № 2/1431-19.
Civil Cases Panel of Tbilisi City Court, Act of 25 January 2019, № 2/942-19.
Tbilisi City Court Order of 25 January 2019 and Writ of Execution, № 2/1089-19.
Civil Cases Chamber of Tbilisi Appeal Court, Ruling of 21 January 2019 on leaving the appealed judgment unchanged, № 2B/5748-18.
Civil Cases Chamber of Tbilisi Appeal Court, Ruling of 10 January 2019 on the satisfaction of a private complaint, № 2B/6929-18.
Civil Cases Panel of Tbilisi City Court, Order of 9 January 2019 and Writ of Execution, № 2/30-19.
Civil Cases Chamber of Kutaisi Appeal Court, Ruling of 8 January 2019, № 2/B-1246-2018.
Civil Cases Panel of Kutaisi City Court, Order of 4 January 2019 and Writ of Execution, № 2/4-19.
Civil Cases Panel of Batumi City Court, Ruling of 28 December 2018, № 2/5351-2018.
Civil Cases Panel of Tbilisi City Court, Ruling of 24 December 2018, № 2/36933-18.
Civil Cases Chamber of Supreme Court, Ruling of 13 December 2018, № AS-1580-2018.
Administrative Cases Panel of Tbilisi City Court, Resolution of 4 December 2018, № 4/8878-18.
Civil Cases Chamber of Tbilisi Appeal Court, Ruling of 29 November 2018, № 2B/5741-18.
Administrative Cases Panel of Tbilisi City Court, Resolution of 26 November 2018, № 4/8876-18.
Civil Cases Panel of Kutaisi Appeal Court, Ruling of 15 November 2018, № 2/B-706.
Civil Cases Panel of Tbilisi City Court, Order of 6 November 2018 and Writ of Execution, № 2/32279-18.
Khulo Magistrate Court Order of 6 November 2018 and Writ of Execution, № 2-96/18.
Civil Cases Panel of Tbilisi City Court, Ruling of 5 November 2018 and Writ of Execution, № 2/31985-18.
Civil Cases Panel of Kutaisi City Court, Order of 5 November 2018 and Writ of Execution, № 2/3572-18.
Civil Cases Panel of Batumi City Court, Order of 2 November 2018 and Writ of Execution, № 2-4520/18.
Tianeti Magistrate Court Order of 2 November 2018 and Writ of Execution, № 2/103-18.
Civil Cases Panel of Rustavi City Court, Order of 31 October 2018 and Writ of Execution, № 2-2929-18.
Civil Cases Panel of Tbilisi City Court, Order of 25 October 2018 and Writ of Execution, № 2/30879-18.
Civil Cases Panel of Tbilisi City Court, Order of 23 October 2018 and Writ of Execution, № 2/30413-18.
Civil Cases Panel of Batumi City Court, Order of 19 October 2018 and Writ of Execution, № 2-4304/18.
Lagodekhi Magistrate Court Order of 18 October 2018 and Writ of Execution, № 2/251-18.
Civil Cases Panel of Tbilisi City Court, Ruling of 17 October 2018 and Writ of Execution, № 2/29921-18.
Civil Cases Panel of Tbilisi City Court, Order of 17 October 2018 and Writ of Execution, № 2/29925-18.
Kobuleti Magistrate Court Order of 16 October 2018 and Writ of Execution, № 2/691-2018.
Administrative Cases Panel of Tbilisi City Court, Resolution of 15 October 2018, № 4/7503-18.
Civil Cases Panel of Tbilisi City Court, Ruling of 15 October 2018, № 2/29775-18.
Civil Cases Chamber of the Supreme Court, Ruling of 25 September 2018, № AS-899-2018.
Civil Cases Chamber of Kutaisi Appeal Court, Ruling of 18 September 2018, № 2/B-839-2018.
Civil Cases Panel of Batumi City Court, Order of 11 September 2018 and Writ of Execution, № 2-3724-18.
Civil Cases Panel of Tbilisi City Court, Ruling of 26 July 2018, № 2/22321-18.
Civil Cases Chamber of Kutaisi Appeal Court, Ruling of 19 June 2018, № 2/B-494-2018.
Civil Cases Panel of Rustavi City Court, Ruling of 28 May 2018, № 2-1582-18.
Marneuli Magistrate Court, Ruling of 20 April 2018, № 2/163-18.
Civil Cases Panel of Kutaisi Appeal Court, Ruling of 12 April 2018, № 2/B-232.
Zestafoni District Court Ruling of 2 April 2018, № 2/327-18.
Tkibuli Magistrate Court Ruling of 1 February 2018, № 2/5-18.
Civil Cases Chamber of Kutisi Appeal Court Ruling of 19 September 2017, № 2/B-706.
Civil Cases Chamber of Georgian Supreme Court, Decision of 20 March 2017, № AS-1165-1120-2016.
Civil Cases Chamber of Supreme Court, Ruling of 30 October 2015, № AS-901-851-2015.
Civil Cases Chamber of Supreme Court, Decision of 5 December 2014, № AS-658-625-2014.
Civil Cases Chamber of Tbilisi Appeal Court, Ruling of 26 November 2012, № 2B/3630-12.
Civil Cases Chamber of Supreme Court, Ruling of 14 February 2011, № AS-1323-1166-2010.
Georgian Supreme Court Ruling of 11 January 2007, № AS-645-1022-06.
Grand Chamber of Georgian Supreme Court, Decision of 9 September 2002, № 3 K-624-02.
www.agleasing.ge/ge/calculator.
www.efinancemanagement.com/sources-of-finance/difference-between-operating-and-financial-lease.
www.fms.gov.ge/records/data/help/uguide_registration.html.
www.turbo.ge/.
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