On the question of the specifics of liability for non-performance or improper performance of obligations under the lease agreement

Gudkov A. I., Krasilschikov A. V., Mishchenko V. I.

In this article, the authors, considering the problems of responsibility in the sphere of fulfilling leasing obligations, note that these issues in modern Russian law are relatively incompletely and insufficiently regulated. Paying attention to the fact that in most cases the parties to the lease agreement are entrepreneurs, the authors note that the general basis for their liability under the lease agreement is, first of all, entrepreneurial risk. According to the authors, the peculiarity of the legal relations under consideration is that the application of general provisions on liability for breach of obligations to leasing does not yet guarantee the restoration of interests affected party, therefore it is important to regulate the use of special methods of protecting violated rights through contractual liability. The authors note that the specificity of the relations under consideration lies in the fact that the lessor is not responsible to the lessee for the actions of the seller under the sale and purchase agreement, except for situations when the lessor chooses the seller himself.

Keywords:leasing, lease, lease agreement, liability, obligation, lessee, lessor.