ضمان العيوب الخفية في عقد التأجير التمويلي

Abstract EN

SummaryThe basic principle in leasing contracts is that the tenant obtain the location of the contract in a way that enables him to benefit from it in the manner that was contracted on the basis of it, and since the presence of the hidden defect in the location of the contract leads to the tenant not using the tenant, most laws stipulate the tenant's right to guarantee the hidden defect in the face of The lessor, however, this does not constitute a general rule for the financial leasing contract in which the financial lessee bears the guarantee of hidden defects in the face of the lessor in the event that the lessor is authorized to choose to receive the lease directly from the supplier, in which case he is responsible for ensuring hidden defects against the lessor.

The lessee may have the right to guarantee hidden defects, but this is not in the face of the financial leasing company, but in the face of the supplier because the financial leasing company often sets a condition to exempt it from the guarantee of hidden defects and the supplier bears this guarantee, and most finance lease laws stipulate this condition, which confirms The legal basis for the return of the finance tenant to the supplier or seller is the text of the law that permits the return of the tenant to a person who is not a party to the contract by ensuring hidden defects.