Study On The Lessee's Claim For Compensation In A Financial Lease Transaction

In a financial lease transaction,the lessor,the lessee and the seller may agree that the claim for compensation against the seller will be made by the lessee.If the seller refuses to perform the obligations,delays to perform the obligations,improperly performs the obligations or incompletely performs the obligations under the sales contract,the lessee may choose to request the seller to bear the liabilities for the breach of contract such as repairing,substituting,remaking,returning the goods,reducing the price,compensating for the loss and other remedies as are provided by law.Where the lessee exercises its right to claim compensation,it shall not be entitled to terminate the sales contract.The lessee's exercise of its right to claim for compensation against the seller shall not affect the lessee's obligation to pay rents.After lessor assigns its rights for compensation to lessee,the lessor shall also perform the obligations of notification,assistance,etc.The lessor shall exercise its right to claim for compensation against the seller which may only be exercised by the lessor or the parties in the financial lease transaction have not agreed on assigning the right for compensation or the agreement is not clear.If the lessee fails to file a claim for compensation against the seller before the time limitation or fails to be compensated due to lessor's failure in fulfilling its obligations,the lessor shall assume corresponding liability.The lessee's claim for compensation is also a kind of obligation.According to the principle of honesty and good faith,the lessee shall perform its obligations in a reasonable way and within a reasonable period and shall also notify the lessor in a timely manner in order to prevent damaging the interests of lessor.Otherwise,the lessor shall have the right to demand compensation for damages.