UNIDROIT의 리스 통일법화 과정에서의 쟁점과 상법에 대한 시사점

Abstract

Leasing was recognized as being suited as a means of developing the industry in the developing countries. For providing modern legal framework on leasing law to them and making foreign investors feel sufficiently protected to invest lease finance in such a country, UNIDROIT embarked on the preparation of uniforming leasing law. As such a result, UNIDROIT adopted UNIDROIT Convention on International Financing Leasing in 1988and UNIDROIT Model Law on Leasing in 2008. With regard to the sphere of application and definition of lease, the Korean Commercial Law just governs the finance lease, in contrast to the UNIDROIT Model Law on Leasing which governs leasing as a whole. This would not reflect the industry practice whereby leasing operating leasing and finance leasing. Also, with regard to the direct claim of lessee to the supplier, UNIDROIT Convention on International Financing Leasing in 1988 and UNIDROIT Model Law on Leasing in 2008 clearly declared it as a right of the lessee against the supplier. The Korean Commercial Law entitles the lessee to claim directly against the supplier too, nevertheless, the doctrine of privity of contract.