“We know what we are, but know not what we may be”: considerations on the (need for) harmonization of regulations for financial leasing in the EU

The contract of financial leasing represents an important tool through which companies find the capital goods necessary to meet their needs for production, technological modernization and, in general, growth. Despite the widespread use, the national regulations on financial leasing contract still appear often inadequate. What is even more surprising is that the European Union has not issued a comprehensive regulation on this subject. This study shows that it is actually necessary a regulatory intervention aimed to harmonize the national regulations and to fill the gaps that these still present. In particular, it is advisable for the EU to take a clear position on the crucial aspects of the transaction and, mostly, on which issues can be left to the free negotiation of the parties and which ones must be regulated by the law.