Petition For Financial Leasing Contract Disputes: Six Common Cases: Time

rent

Li Zhigang said that from the case of the financial leasing contract cases accepted by the people's court, the most important dispute type is the lessor's breach of contract due to the lessee's overdue rent payment and the condition of the contract's rescission.

He subdivided complaints into six situations and gave professional advice.

The lessor appeals to pay all unpaid rent, including unpaid rent and undue rent.

According to the 248th provisions of the contract law and the twentieth provision of judicial interpretation, the people's court should support this.

It is worth noting that this situation is due to the accelerated expiration of the rent and the contract has not been lifted. The lessee still has the right to own the leased property before the lease term expires.

The lessor only petitioned for the return of the leased property.

During the lease term, the ownership of the leasehold belongs to the lessor. The lessor can directly recover the leased property, or request the public remedy to recover the leased property through litigation.

According to the 248th provision of the contract law, the people's court should also support it.

It is appealed to all unpaid rents (including unpaid rent and undue rent) and requesting to recover the leases.

At this point, in the performance of the contract, the lessor actually requests for the performance of the contract and the rescission of the contract. According to the twenty-first provision of the judicial interpretation, the people's court shall inform him of his choice.

If the lessee refuses to make a choice, it is a non specific claim and should be dismissed.

If the lessor makes a choice and has a clear claim for litigation, the people's court shall accept it.

The lessor first appeals to pay all the rent. After the judgment is made, the lessee fails to execute the lease. The lessor further appeals to terminate the contract and recover the lease.

Is the second lawsuit inadmissible because it constitutes a matter of no longer? The answer is No.

This is because the first lawsuit is to appeal the rent to expire speedfully, but the contract is still performing; the second petition is to terminate the contract, the two is different litigation claim, and does not belong to the same lawsuit request based on the same fact and the same legal relationship. Therefore, according to the second paragraph of the twenty-first judicial interpretation, the people's court should still accept it.

Appealed to rescind the contract, recover the leased property and compensate for the loss.

Since the unpaid rent is usually higher than the present value of the leased property, it is often not enough to make up for all the rental claims of the lessor. At the same time, if the lessor advocates the lessee to compensate his rent right and deduct the loss other than the value of the lease item, the people's court should also support it.

The difference between such petition and the third kinds of appeals is that the third appeals departments also claim to recover the leased property and all the unpaid rents, while the fifth appeals departments also claim to recover the leasehold and compensate the difference between the value of the rent and the value of the leased property. The former will lead to double compensation, and the latter has already been folded and has no double heavy compensation.

Therefore, according to the twenty-second provision of judicial interpretation, such petition should also be supported.

The difference and significance of such petition and the first petition is that the former lessee may still be able to repay his debts and is only free and well intentioned. Therefore, without the rentals, the lessor can recover all the unpaid rents from the lessee through litigation and execution, and the latter is often seen in the absence of the lessee's ability to recoup the lease, which is the best choice to reduce rent losses.

6 the lessor appeals to pay the rent which is not due at the same time, and appeals to terminate the contract and recover the lease.

Such a petition actually contains two parts. The claim for paying the due rent is a claim on the expired claim before the contract is rescission. The second part of the claim concerning the recovery of the lease item is a liquidation of the liabilities after the rescission of the contract.

Therefore, the two are compatible and can be supported simultaneously.