Contract law. Vehicle rental agreement (most important)

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Contract law. Vehicle rental agreement (most important)

Lecture notes, cheat sheets

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35. LEASE OF VEHICLES

A vehicle lease agreement is a type of a lease agreement and is divided into two types based on its subject matter: a vehicle lease agreement with a crew and a vehicle lease agreement without a crew.

The vehicle rental agreement is:

1) real - is considered concluded from the moment of transfer of the vehicle to the lessee by the lessor;

2) paid;

3) mutual - the existence of subjective rights and obligations of both parties to the lease agreement.

Form of contract

▪ written, without mandatory registration.

subject of a contract

▪ a vehicle of any type capable of independent movement in space.

Under a rental agreement for vehicles with a crew (time charter), the lessor provides the lessee with a vehicle for a fee for temporary possession and use and provides services for its management and technical operation on its own.

The landlord, in addition to his general duties, must:

1) maintain the proper condition of the leased vehicle;

2) provide the tenant with services for the management and technical operation of the vehicle;

3) bear the costs of paying for the services of crew members, the costs of their maintenance;

4) insure the vehicle and insure liability for damage that may be caused by it or in connection with its operation.

The tenant in exemption from his normal duties:

1) must bear the costs associated with the commercial operation of the vehicle, the costs of paying for fuel, other materials consumed during the operation and for paying fees;

2) has the right to sublease the vehicle without the consent of the lessor.

Under a lease agreement for a vehicle without a crew, the lessor provides the lessee with a vehicle for a fee for temporary use and possession without the provision of services for its management and its technical operation.

The tenant, in addition to his general duties, must:

1) maintain the vehicle in proper condition;

2) to carry out the management of the rented vehicle and its operation, both commercial and technical, on their own;

3) bear the costs of maintaining the rented vehicle, its insurance, including its liability insurance, as well as the costs arising in connection with its operation;

4) has the right to enter into transportation and other agreements without the consent of the lessor, if they do not contradict the purposes of using the vehicle.

Author: Rezepova V.E.

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