Obligations of the lessor

Abstract

Abstract Article 3:101: Availability of the goods The lessor must make the goods available for the lessee’s use at the start of the lease period and at the place determined by III. – 2:101. Notwithstanding the rule in the previous paragraph, the lessor must make the goods available for the lessee’s use at the lessee’s place of business or, as the case may be, at the lessee’s habitual residence if the lessor, on the specifications of the lessee, acquires the goods from a supplier selected by the lessee. The goods must remain available for the lessee’s use throughout the lease period, free from any right or claim of a third party that prevents or is otherwise likely to interfere with the lessee’s use of the goods in accordance with the contract. The lessor’s obligations when the goods are lost or damaged during the lease period are regulated by IV.B – 3:104. Comments General Characteristic obligations In a lease contract, the lessor makes goods available temporarily for the lessee’s use against remuneration. The lessee’s use typically implies physical control of the goods. Further, the goods shall normally be returned to the lessor at the end of the lease period. As the contract is made for a period of time, questions arise concerning maintenance of the goods and repairs during this period. To the extent that the goods are not to deteriorate, the obligation to maintain and repair the goods must be borne by one of the parties or distributed between them. All this means that the lessor typically has obligations concerning 1) the availability of the goods at the start of the lease period, 2) the availability of the goods during the lease period, 3) the conformity of the goods at the start of the lease period, 4) the conformity of the goods during the lease period to the extent that this is not a part of the lessee’s obligations, and 5) the return of the goods at the end of the lease period. In the present Article, availability of the goods at the start of the lease period and during the lease period are dealt with.