Legislation
Article 665. Lease contract
Under the lease contract, the lessor makes an obligation to buy property specified by the lessee from the seller chosen by the lessee and make this property available to the lessee for a fee for temporary possession and use for business purposes. In this case the lessor is not responsible for the choice of the lease object and the seller. The lease contract may stipulate that the choice of the seller and property is made by the lessor. /Leasing of non-consumable goods (other than land and other natural sites) is governed by the 29 October 1998 Federal Law No.164-FZ On Leasing/
Article 666. Object of the lease contract
The object of the lease contract may include any non-consumable goods used in business operations, other than land and other natural sites.
Article 667. Notification of the seller about asset leasing
Upon buying assets for the lessee, the lessor shall notify the seller that the assets are intended to be leased out to a particular person.
Article 668. Transfer of the lease contract object to the lessee
- Unless the lease contract states otherwise, the assets that are the object of the lease contract shall be transferred by the seller directly to the lessee at the lessee’s place of business.
- If the assets that are the object of the lease contract have not been transferred to the lessee within the contractual term or within a reasonable term, if none is set out in the contract, the lessee may demand termination of the contract and compensation of losses if the delay is the lessor’s fault.
Article 669. Transfer of the risk of accidental loss of damage of assets to the lessee
The risk of accidental loss or damage of the leased assets shall pass to the lessee at the moment when the leased equipment is transferred to the lessee, unless the lease contract states otherwise.
Article 670. Liability of the seller
- The lessee may make claims directly against the seller of assets that are the object of the lease contract under the sale contract made between the seller and the lessor, in particular as regards quality and completeness of assets, delivery timeframe, and in other cases of undue contract performance by the seller. The lessee shall exercise rights and perform obligations stipulated in this Code for the buyer, except the obligation to pay for the assets purchased, as if the lessee were a party to the sale contract. However, the lessee may not terminate the sale contract with the seller without the lessor’s consent.
In relations with the seller, the lessee and the lessor shall act as joint creditors (Article 326). - Unless the lease contract states otherwise, the lessor shall not be liable to the lessee for the performance of the seller’s obligations under the sale contract, except in cases when the lessor is responsible for choosing the seller. In the latter case the lessee may, at own discretion, lodge claims under the sale contract against both the seller and the lessor, both of which shall face joint liability..
/For details on the rights and obligations of parties to a lease contract, see Federal Law dated 30 October 1998 No.164-FZ On Leasing/
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