Abstract
Translation includes judgements representing solutions adopted in practice of German and Spanish courts as to (typical financial lease contracts) regulation consisting in exemption of lessor from liability to provide compliant goods with the rights under the sales contract assigned to lessee when lessee exercises the right to early terminate the sales contract due to deficiency of goods: what implications for lease contract this triggers? Conscious of contract’s true purpose to finance the purchase, European courts unite in treating financial lease contract as terminated, also being inclined to recognize its retrospective character and, as a result, restitution of all rent payments, including already received by the lessor. However, the courts subject it to different doctrines and differ in legal classification that leads to discrepancies in treatment of particular cases.
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