Leasing

In civil law

The leasing is a type of Contrat in which the owner (financial backer) of a good entrusts the exploitation of it to a farm . This one draws its remuneration from the product of the firm and pours with the owner a Fermage (rent) of which the amount is agreed in advance and independent of the turnover. This concept of risk distinguishes the leasing from the Métayage or the Régie.

Sometimes formerly, a farmer came to interpose between the financial backer and his sharecropper. He removed it of the responsibility of control the sharecropper and that to sell his share of harvest. He could also remunerate the financial backer in advance, avoiding to him awaiting harvest. The same system was also used for the perception of the taxes (General Ferme) and gave place to deep injustices. During the French revolution, good number of farmer general were guillotines, Antoine Lavoisier for example.

In public law

In Public law, the leasing is one of the forms which a Public service delegation can take.

In French Droit the contracts of leasing are thus used by the local government agencies and their groupings. It is for example the case, within the framework of the law of Décentralisation, to delegate the management of certain airports. This type of contract is also frequently used for the management of the services of Drinking water and Assainissement.

The community délégataire ensures the investments, the farmer (often a privately held company) supports the servicing and operating costs. He is remunerated directly near the user by an agreed price in advance in the contract of leasing, revisable according to a formula of variation suggested in the contract and using the principal indices published by INSEE. To cover the required investments with the maintenance of the inheritance the community votes each year a share of the tariff which will return to him (the “surtax”). The farmer is charged to cover this share near the subscriber by the invoice with water and to restore it with the community in a short time fixed by the contract (between three and six months).

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