In the financial lease contract, who bears the obligation of keeping and maintaining the leased prop

In the financial lease contract, the obligation of custody and maintenance of the leased property shall be borne by the lessee.

Note: Article 247 of the Contract Law stipulates that the lessee shall properly keep and use the leased property; The lessee shall perform the maintenance obligation during the period of possession of the leased property.

During the lease period, the lessee takes possession of the leased property, has the obligation to properly keep and use the leased property, and has the obligation to maintain the subject matter. The lessee shall bear the obligation of custody for its own use and income needs.

During the lease period, the lessee can only use and benefit from the leased property by himself, and cannot dispose of the leased property.

1. Ownership of the rights of the sun contained in the leased object of the financial lease contract.

Financial leasing means that the lessor purchases the subject matter of the lease from the seller according to the lessee's choice of the seller and the subject matter of the lease, and then leases it to the lessee for use, and the lessee pays the rent.

The lessor may agree with the lessee on the ownership of the leased property in the financial lease contract upon the expiration of the lease term, which may be owned by the lessor or the lessee.

Because in the financial lease contract, the lessee can choose the ownership of the leased object, and the lessee can pay a certain amount of ** to obtain the ownership of the leased object.

Article 735 of the Civil Code of the People's Republic of China: A financial lease contract is a contract in which the lessor purchases the leased property from the seller according to the lessee's choice of the seller and the leased object, provides it to the lessee for use, and the lessee pays the rent.

2. What are the maintenance obligations of the leased property in the financial lease contract.

Financial lease maintenance obligations of leased property under the contract:

The lessee is responsible for inspecting and accepting the leased property provided by the manufacturer, and the lessor does not guarantee the quality and technical condition of the leased property.

The lessor retains the ownership of the leased property, and the lessee has the right to use it by paying rent during the lease period, and is responsible for the management, repair and maintenance of the leased property during the lease period.

Once the lease contract has been signed, neither party has the right to unilaterally revoke the contract during the lease period. The execution of a contract can only be suspended if the leased property is destroyed or proved to have lost its use value, and the penalty for unjustified repudiation is substantial.

3. How to deal with defects in the financial lease contract.

When there are defects in the financial lease contract, the parties can negotiate to solve the problem of defects in the contract, and if the negotiation fails, it can be resolved through arbitration, litigation and other means.

Legal analysis: During the lease period, the lessee is in actual possession of the leased property and has the obligation to properly keep and use the leased property. This is because the lessee needs to use the leased object for the use of the proceeds, and the ownership of the leased object belongs to the lessor, so the lessee should properly keep and use the leased object for its own needs and to protect the lessor's interests and interests.

During the lease period, the lessee can only use the leased property for the benefit of himself, and shall not sublease the leased property without authorization, let alone dispose of the leased property. If the lessee subleases without authorization, the lessor has the right to terminate the contract and take back the leased property; If the lessee disposes of the leased property, it is an act of disposition without authority, and the lessor has the right to terminate the contract and take back the leased property, or request the lessee to bear the liability for damages when the third party obtains the leased property in good faith and cannot return it.

Legal basis: Civil Code of the People's Republic of China

Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt a written form and cannot confirm Article 707 If the lease term is more than six months, it shall be in written form. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

If the lease term is fixed, it shall be regarded as an indefinite lease.

Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.

Article 715 The lessee may, with the consent of the lessor, make improvements to the leased property or add other things. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.

Answer]: a, c

The rights and obligations of the lessor include: the obligation to purchase the leased property; Ownership of the leased property during the lease term: the right to receive rent as stipulated in the contract; After the expiration of the contract, if the carrier does not renew the lease or retain the purchase, it has the right to recover the leased assets; timely payment of the goods in accordance with the lease contract; Guarantee the tenant's full right to use the leased property during the lease period.