| Abstract [eng] |
In the master’s thesis “Defence of the Rights of the Lessee in Case of Defects of the Leasing Object or Violation of the Warranty of the Ownership” the conception of leasing contract and its qualifying attributes are being analyzed, the completeness of which determines the realisation of lessee’s remedies. Issues that are directly related to the theme of the thesis, the lease object and the concept of quality are also being discussed in particular. The first part of the thesis is devoted to the analysis of the leasing contract, which is performed in accordance with Lithuania legislation, Lithuanian case law, Lithuanian and foreign legal doctrine, and international documents for harmonising the regulation of leasing (UNIDROIT Convention on International financial leasing and UNIDROIT Model law on leasing). In Lithuanian case law leasing is considered as a separate type of lease with specific characteristics, however, this position is based on formal law interpretation of law without going into the nature of the leasing contract. International documents, provisions of which had a major impact on the current regulation of leasing due to the implementation of those provisions to Lithuanian law, are significant for the interpretation of the essence of leasing. The thesis also provides an alternative conception of leasing as a financial activity the aim of which is to provide a financing to the lessee. According to current regulation, only material goods can be objects of leasing contract. For this reason the object of a leasing contract under Lithuanian law can not be software and other intangibles. In many countries the object of leasing contract may be intangibles, therefore, the thesis discusses whether the current regulation in Lithuania is reasonable in the background of global trends of leasing. The concept of conformity of goods is also being analysed in the thesis as lessee’s remedies can only be used when the lack of conformity is found. The third and fourth parts of the thesis discuss the remedies of the lessee in case of lack of conformity of goods or the ownership guarantee breach. In case of financial leasing contract the lessor is obliged to buy the goods from the supplier, therefore, supply contract is made between the lessor and the supplier. The lessor acquires goods and passes them for the lessee to use them. The parties of both contracts are related by atypical legal relationships that determine enforcement of lessee’s remedies. Lessee is given the buyer rights, arising from the supply contract, though leasing contractual relationships lead to some of the conditions for the implementation of these rights. |
