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Definition
Article 342
- (1)
- Under a leasing contract the lessor undertakes to provide an item for use against payment.
- (2)
- Under a financial leasing contract the lessor undertakes to obtain an item from a third party under terms specified by the lessee, and to provide that item to the lessee for use against payment.
- (3)
- The lessee may acquire the item during the term of the contract or after the expiration thereof.
Risk
Article 34
3
In the case of a financial lease the risk of accidental destruction or damages to the article shall be on the account of the lessee.
Obligations of Lessor
Article 344
- (1)
- The lessor shall undertake the obligations of lessor pursuant to Article 230 of the Law on Obligations and Contracts.
- (2)
- The lessor under a financial lease shall be bound to transfer its rights in respect of the third party concurrently with the transfer of title of the item.
Obligations of the Lessee
Article 345
- (1)
- The lessee shall undertake the obligations of lessee pursuant to Articles 232 and 233, paragraph 2, of the Law on Obligations and Contracts, as well as the obligation to return the item upon expiration of the term of the contract.
- (2)
- The costs pertaining to maintenance of the item shall be on the account of the lessee.
Sub-leasing
Article 346
The lessee may give the item to be used by another party with the consent of the lessor.
Reference
Article 347
- (1)
- The rules of this Chapter shall also apply mutatis mutandis to leasing of an enterprise.
- (2)
- The rules relevant to lease contracts shall apply mutatis mutandis to leasing contracts with the exception of Article 229, paragraphs 1 and 3, Article 231, paragraphs 1 and 2, Article 233, paragraph 1, Article 235, Article 236, paragraph 1, Articles 237, 238 and 239 of the Law on Obligations and Contracts.
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