خلاصة:
Lease securities refer to financial instruments that possess the capability of circulation for economic productivity and represent ownership of leased assets, interests, or services. Lease securities include a diverse set whose main common feature is their easier and faster circulation. There are three types of lease securities: lease of interests securities, lease of services securities, and lease of real estate securities. Each of these types is further divided into several categories. This article aims to conduct a jurisprudential study of these securities and examine their common and specific elements. Therefore, it first addresses the definition of lease securities and explains their types. Then, by identifying the elements of all or each type of lease securities, it organizes a jurisprudential study regarding the compatibility or incompatibility of these elements with jurisprudential standards. The result obtained from this study is that: at least many types of lease securities do not face any problems from a jurisprudential perspective.
ملخص الجهاز:
These securities are divided into two categories: First Category: Lease documents of endowed properties or similar This is in the case where, for example, there is endowed land or land whose management is in the hands of the municipality exists, and the trustee of the endowment or the municipality, in order to attract the necessary capital for constructing a building on the land under its control, issues securities; in this manner, by giving them to a group of individuals, it receives amounts from them within the framework of a lease contract, and the holders of the securities also use the benefits of residing in the building constructed on that land at the appointed time.
The dimensions and characteristics of this category of lease securities can be presented as follows: 1- The lease contract takes place between the supervisor or overseer on one side and multiple persons on the other side; 2- The supervisor or overseer undertakes investment in the land under their control using the amounts received in exchange for assigning the lease securities; 3- Power of attorney is granted by the holders of the securities to the supervisor or overseer so that they can assign the right of usufruct of the leased property on their behalf to individuals who will ultimately benefit from the proceeds of the lease.
In such cases, the issuer of the security is obliged, by concluding a contract, to provide the conditions for the expected provision of services in the lease securities for their holders; in fact, the natural or legal person issuing the service lease securities in this manner guarantees to the holders of the documents that they will receive the services mentioned in the documents at a specified time.
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