Contract de leasing. Promovarea de către utilizator a unei acţiuni în rezoluţiunea contractului de vânzare-cumpărare încheiat între finanţator şi furnizor. Lipsa calităţii procesuale active

Abstract

Lease Agreement. Lessee’s advancement of an action for rescission of the Sale Contract concluded between the Lessor and the Supplier. Lack of legal standing

Provisions of art. 12 of G.O. no. 51/1997 regarding leasing operations and leasing companies expressly and limitatively regulate the types of legal action the Lessee can exercise against the Supplier.

The analysis of this text shows that the Lessee does not have a direct action for rescinding the Sale Contract concluded between the Supplier and the Lessor, since only the parties of the legal act receive the title to seek dissolution thereof towards rescission, under the principle of relativity of the contract effects, and art. 12 of G.O. no. 51/1997 does not establish any exception to this principle.

Therefore, the Lessee, as party in the...