Regulations on leasing goods under the Commercial Law

Đánh giá bài viết

Rent goods is a commercial activity regulated in Commercial Law 2005. So, how is this activity defined? How are the rights and obligations of the parties when entering into a goods leasing contract? This article shares in detail the regulations surrounding goods leasing activities according to current law.

CSPL: 269, 270, 271, 272, 273 Commercial Law 2005

1. Rental of goods

According to the provisions of Article 269 of the 2005 Commercial Law, leasing goods is a commercial activity whereby one party transfers the right to possess and use goods (called the lessor) to another party (called the lessee) for a certain period of time to receive rental money.

2. Rights and obligations of the lessor

Pursuant to Article 270 of the 2005 Commercial Law, unless otherwise agreed, the lessor has the following rights and obligations:

– Deliver the rental goods in accordance with the rental contract with the lessee;

– Ensure that the lessee’s right to possess and use the leased goods is not disputed by related third parties during the rental period;

– Ensure that the leased goods are suitable for the lessee’s intended use as agreed by the parties;

– Maintain and repair rental goods within a reasonable period of time. In case the repair and maintenance of leased goods causes harm to the lessee’s use of those goods, the lessee must be responsible for reducing the rental price or extending the rental term corresponding to the maintenance and repair period;

– Receive rental money as agreed or prescribed by law;

– Receive back the rental goods at the end of the rental period.

3. Rights and obligations of the lessee

Unless otherwise agreed, the lessee has the following rights and obligations:

– Possession and use of leased goods according to the lease contract and according to the provisions of law. In case there is no specific agreement on how to use the leased goods, the leased goods must be used in a manner appropriate to the nature of the goods;

– Preserve and preserve the leased goods during the lease term and return those goods to the lessor at the end of the term;

– Request the lessor to perform maintenance and repair of the goods; If the lessor fails to perform this obligation within a reasonable period of time, the lessee may carry out maintenance and repair of the leased goods and the lessor must bear reasonable costs of such maintenance and repair.

– Pay rent for goods as agreed or prescribed by law.

– Do not sell or sublease rented goods. rent.

4. Repair or change the original condition of the leased goods

– The lessee is not allowed to repair or change the original condition of the leased goods without the lessor’s approval.

– In case the lessee repairs or changes the original condition of the leased goods without the lessor’s approval, the lessor has the right to request the lessee to restore the original condition of the goods. rental goods or claim compensation for damages.

5. Liability for loss during the lease term

– Unless otherwise agreed, the lessor must bear the loss of the leased goods during the lease term if the lessee is not at fault for causing such loss. The lessor is responsible for repairing the leased goods within a reasonable period of time to ensure the lessee’s intended use.

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