By Yasmine EDDAM
2 May 2025
Entering into a finance lease requires particular care. This technique, favoured by many companies for its positive impact on cash flow, involves significant legal commitments. The contract formalises a triangular relationship between lessee, lessor and supplier. Its validity is based on specific conditions that the parties must master to secure their commitment. The abundance of litigation in this area bears witness to the practical difficulties encountered. The courts are regularly seized with questions relating to defects in consent, the application of consumer law and the guarantees required. Each stage in the formation of a contract therefore warrants increased vigilance. Specific conditions of validity First and foremost, finance leases are subject to the classic rules of ordinary law. Article 1128 of the Civil Code requires the consent of the parties, their capacity to enter into a contract, and that the content of the contract is lawful and certain. These fundamental conditions fully apply to...
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