Încetarea contractului de leasing prin exercitarea dreptului de opţiune de către utilizator; rezilierea contractului de asigurare

prof. univ. dr. Ştefan SCURTU

C. civ. de la 1864: art. 998-1000; Legea nr. 136/1995: art. 30; Ordonanţa Guvernului nr. 51/1997: art. 5, 6, 9, 10; Legea nr. 287/2006.

ABSTRACT

The termination of the leasing contract, under the exercise of the right of option by the user (before the end of the leasing contract duration), entails the cancellation of the insurance contract if the parties did not provide a contrary stipulation in the contract. From the very moment the lessee/user acquired the status of owner of the asset that he had possessed on the grounds of the leasing contract, the risk of total or partial loss of the asset lies with him, the risk not being incumbent on the former owner (lessor/financer), whose obligation to insure the asset was ended with the termination of the leasing contract and it is not incumbent on the insurer whose contract was subject to...