La autonomía privada en el contrato leasing
ABSTRACT
The objective of the present investigation was to determine how to achieve the application and primacy of the private autonomy of the parties in the leasing contract without ignoring the will, freedom and equality of the tenant. For the verification of the hypothesis, a sample constituted by 10 experts in financial leasing contract analysis divided into: 06 users and 04 financial entities was considered. As well as the statistical reports of the financial leasing contracts of the ASBAC, 2016-2017, and the regulations that regulate it. In order to obtain the information, the techniques of documentary analysis, the signing and the survey were used, with their respective data collection instruments. This information was organized and presented in tables and frequency figures. Likewise, the inductive-deductive, analysis-synthesis and hermeneutic methods were used to discuss the information obtained from the elements of the sample. The results allowed to conclude that the application and primacy of the Principle of Private Autonomy of the tenant, in the financial leasing contract within the framework of constitutionally regulated contractual freedom, is achieved by granting personal decision to the tenant in the free pact of the minimum insurance conditions that covers the goods subject of financial leasing, since Legislative Decree 299 is distorted, coerces the contractual freedom and imposes the financial obligation on the business need.