LA REGISTRACIÓN DEL CONTRATO DE LEASING Y SUS EFECTOS EN EL PROCESO CONCURSAL EN ARGENTINA.

Abstract

The economic implications of leasing and its consequences vis-à-vis third parties have caused a need for the registration of leasing agreements in many legislations. This need becomes even more strongly underlined in meetings of creditors, where, due to the principle of universality, the debtor's full wealth situation (liabilities and assets) is analysed. The Argentinean law on leasing has set out a number of rules for the precise, concrete regulation of the scheme of registration that applies to this kind of contract. This paper analyses the registrationrelated aspects of leasing agreements (enforceability vis-à-vis third parties, the principle of retroactive priority and the rogatory principle, effects, etc.) and fundamentally it endeavours to analyse the various alternatives that relate the different types of leasing contracts with meetings of creditors in all their variations and affect the different parties to the contract (lessee, lessor). Naturally, the effects will differ depending on whether it is the lessee or the lessor who is undergoing economic difficulties and what mode the contract takes (finance lease, operating lease, sale and lease back, etc.).