금융리스계약의 하자담보책임

Abstract

Leasing transactions in modern society, technology and industrialization, with the new commercial transaction form called lease will appear. The financial lease is identified, as “when a lessee needs new machinery and equipment etc., is lack of his own capital, a lessor in place of loan of purchase expense, purchases what the lessee wants lends what a lessor purchases for a certain terms the lessee can occupy use, get benefit and can be paid a certain charge” so to speak. This thesis will look into a new form of financial lease transaction, with emphasis on the consideration of the legal construction and legal connection of the warranty. Lease contract is entered into three parties-the lessor, the lessee and the supplier. Involving three parties, a sales contract has been entered into between lessor and supplier. A lease contract has been entered into between lessee and lessor. Whereas there is no direct contract between lessee and supplier who shall intend sales relationships each other. In case of lease contract, there is a special contract term such as no responsibility for goods warranty to lessor. The lessee cannot claim indemnity and rescission the lease contract caused any loss or damage to goods. Practically that is not enough to protect the lessee due to no contract between the lessee and the supplier. Thus to establish the lease contract fairly, we need to protect the benefit for three parties lawfully.