HCCJ. Legal Nature of Leasing Agreement

The High Court of Cassation and Justice decided that leasing agreement is a modern technique of financing the commerce, defined as a due term financing operation, having as legal support a contract that gives a person the possession and use of a good, so in this context, the leasing agreement is negotiated and the agreement will of the parties means consent. In this case, the leasing agreement was concluded between two traders, the financier and the legal person, as a user, thus being expelled its civil character. Therefore, in this case, not being a pre-formulated contract, cannot contain unfair terms and may not be applicable the legislation of consumer protection. (Decision no. 2074 of June 5, 2014, rendered in appeal by the Second Civil Division of the High Court of Cassation and Justice having as object absolute nullity unfair term).

:: The source: JURIDICE.ro


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