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Lend-lease liability for breach of contract

Lease contract involving the lease sale and lease contracts, and rights and obligations of third parties and the General cross in performance of the contract. So in lend-lease transactions in the parties rights and obligations and general contract of sale and traditional rights and obligations in the lease contract, both similarities and there is a great deal of difference. Lend-lease contract law's main goal is to address the seller, lessor, lessee and common issues of concern, clear three basic rights and obligations of the parties.
(a) seller's obligations and liability for breach of
"lessor right to ownership of the leased property. "(Law No. 242) seller to the lessor transfers ownership of the leased property, and ensure the integrity of leasehold ownership, no third party has recourse or claim on the leased property. According to the law or the contract, go through the necessary formalities, such as notary, registration, witness, property procedures, and so on. Due to ownership of the leased property with a dispute or claim of the third party, placing costs on the lessor, seller shall be liable for compensation.
the seller shall be in accordance with the provisions of the contract term and the manner, the place delivered directly to the lessee the lease, delivery delay, change the mode of transport or the place of delivery does not lead to increased costs, the seller should bear compensation responsibility in accordance with the contract or agree to pay liquidated damages.
contract law "leasehold does not comply with the contract, or do not conform to the purpose of use, the lessor is not liable, but dependent on the lessor's skill determines the lessee leases or intervention except for lease by the shipowner. "Sellers should guarantee responsibility of the quality of the leased property, must ensure the delivery of the subject matter meet the requirements of the national quality standards or standards stipulated in the contract. Leasing the tenth article of the Convention clearly stipulates: "the supplier's obligations under the contract of sale should extend to the lessee, as are parties to the agreement of the lessee and delivered directly to the lessee. But suppliers should not cause the same damage as well as to the lessor and the lessee is responsible for. "Contract law article No. 240" lessor, seller or lessee may agree, the seller fails to perform the obligations under the sales contract, the lessee shall exercise their right to claim. "The seller must be in accordance with the contract to the lessee to perform leasing service, such as installation, commissioning, training and so on.
(b) the lessor's obligations and liability for breach of
"the lessor according to the lessee of the seller, lease option contract entered into, without consent of the lessee, the lessor shall not be changed and the lessee contracts related to the content. "(Law No. 241) unilaterally changed the contract loss is caused to the lessee, the lessor shall be liable. "The lease does not comply with the contract or does not comply with the intended use, the lessor is not liable, but dependent on the lessor's skill determines the lessee leases or intervention except for lease by the shipowner. "(Law No. 244)
the lessor shall, as stipulated in the contract of sale period, pay the price. If payment cannot be paid caused or payment is not timely delivery or delayed delivery of the leased property, the lessor is not available and the sale of the contract which corresponds to the leased property, remedies for breach, the lessee is entitled to reject the leased object or terminates the lease contract, or to request compensation for delay in delivery contracts.
"the lessor shall guarantee the possession and use of the leased property of the charterer. "(Law No. 245) the lessor transfers ownership of the leased property to a third person, lend-lease contract to the third party is still valid.
"the lessor and the lessee may agree to the lease expiration of the period of ownership of the leased property. "(Law No. 250) lend-lease contract, the contract is completed, transfer of ownership of the leased property to the lessee, should be in accordance with the contract for the transfer of ownership of the leased property procedures; if the contract, return the leased property, the lessor should accept the lessee to return the leased property in a timely manner. When
lend-lease contracts, the lessor shall charge a security deposit or other form of guarantee, at the end of the contract, the lessor shall be deducted from rental return of remaining lease deposit the tenant, or discharge the guarantee.
(c) the lessee's obligations and liability for breach of
"the lessee shall pay the rent in accordance with the contract. "(Law No. 248) this obligation is the most basic obligations of the lessee, and should be an absolute obligation to pay the rent. Once in accordance with the lessee to leased property of the lessor and seller selection and confirmation of condition to pay the seller for the goods, it completes the most important responsibility of the lessee, the lessee could not refuse to pay rent for any reason. International loan rental Convention 12th article sixth paragraph also clear provides "tenant people not should because not delivery, and delivery delay or delivery inconsistent and enjoys on rental people of other requests right, unless these is by rental people of behavior or not behavior by caused of", "tenant people by urged told Hou in reasonable term within still not paid rent of, rental people can requirements paid all rent; also can lifted contract, recovered rental real. "(Law No. 248)" parties agree to lease property at the expiry of the lease term the lessee, the lessee has paid most of the rent, but is unable to pay the remaining rent, the lessor is therefore terminate the contract take back the lease to recover the value of the leased property over the lessee pay rent and other expenses, the lessee may demand some return. "(Law No. 249) shortfall, recourse against the lessor may capacity as creditors to the lessee.
the lessee shall proceed with the purchase contract agreed to accept and verify the lease, "the lessee and receive the buyer's rights related to the lease. "(Law No. 239) but the tenant terminated without the consent of the lessor the right to cancel the sale contract. Leasing for lessee fails to exercise the obligations of loss, the lessor is not responsible for any liability.
by lend-lease the lessee agreed to occupy and use the lease. Without the consent of the lessor cannot have a lease transfer, mortgage, auction against the lessor of ownership of the leased property.

 

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