The Special Legal Nature of the Lease Contract as a Legal Act in Commercial Agreements

Abstract

This paper aims to provide a theoretical and practical treatment of the lease contract, due to the characteristics that this contract presents, it is important to treat it in detail, in order to highlight the special legal nature of the lease contract as a legal act, the elements of the lease contract, the characteristics, the conditions of its validity, the resolution, termination and waiver of the contract. This paper also aims to present a general overview of the types of lease contracts, the theoretical and practical treatment of this contract. Due to the characteristics that this contract presents, it is important to treat it in detail, being one of the oldest contracts that international free trade organizations have recognized. Although this paper will make a modest contribution to Albanian legislation and judicial practice, it will serve for commercial law scholars and all banking system experts to gain more knowledge in the practical and legal aspects of the lease contract, especially when it comes to "approximation of national legislation with European legislation".

Received: 5 January 2026 / Revised: 20 February 2026 / Accepted: 3 March 2026 / Published: 25 March 2026