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Web site http://Insurance facilities acquired by lease
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World experience of the legal relationship leasing indicates that at the conclusion of the lease agreements, the lessee assumes ...
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World experience of the legal relationship leasing indicates that at the conclusion of the lease agreements, the lessee assumes the obligation to insure the transport of the resulting lease the equipment, its installation and commissioning, property risks.
The need for insurance of property transferred to the lease, it is noted and the Convention on International Financial Leasing ", concluded in Ottawa 28.05.88g.
In accordance with ยง Art. 21 of the Law on Leasing:
1. 'The leased asset can be insured against risk of loss (death), shortage or damage after delivery of the property seller (supplier) and until the end of the lease term, unless otherwise provided by contract. "
2. Insurance business (financial) risks are on the lease agreement between the parties and not necessarily.
3. Parties acting as the insured and the beneficiary, and the timing of insurance are defined in the lease agreement.
4. Lessee in cases defined by RF legislation, must insure its liability for the obligations arising from injury to life, health or property of other persons in the enjoyment of the leased asset.
It should be emphasized that the wording of the Law on Leasing leased asset gets insurance protection from the delivery of the property by the seller. This means that upon the occurrence of any extraordinary events, such as during transport, the lessor is not only incur additional costs to restore the leased asset, but also did not meet its obligations to Lessee and will be required to pay him the agreed compensation in the lease contract. Therefore, the lessor is interested in, to insure the leased asset and the period of its transportation.
From Clause 3 makes it clear that at the time of entry into force of the lease agreement shall come into force and the relevant insurance contracts (which, in turn, take effect from the date of payment of premiums).
The law also has 22 of the "risks not associated with insurance:
1. Responsibility for the safety of the leased asset from all kinds of damage to property, as well as the risks associated with his death, loss, damage, theft, premature breakage, mistakes during installation or operation, and other economic risks from the actual receipt of the leased asset is lessee, unless otherwise stipulated in the lease agreement.
2. Risk of insolvency of the seller (supplier) is party to the lease, which selected the seller (supplier), unless otherwise stipulated in the lease agreement.
3. The risk of inconsistency of the leased asset purposes of this subject in the lease agreement is a party that chose the leased asset, unless otherwise stipulated in the lease agreement.
Risks listed in paragraph 1 of Article 22 are classified as classical insurance risk. The apparent contradiction between the point 1 of Article 21 and Clause 1 of Article 22, when, on the one hand, a leased asset may be insured against risk of loss (death), shortage or damage after delivery of the property and the seller until the expiration of the lease agreement and, on the other hand, when "responsibility for the safety of the leased asset from all kinds of damage to property is the lessee, is easily solvable. Lessee must insure the leased asset from all kinds of property damage, and the beneficiary under the insurance policy must address the lessor. Such insurance would substantially reduce the investment risk of the lessor. We can not forget about the responsibility of the lessee, for example, for the harm that may be caused to life, health and property of third parties. Liability of the lessee for causing such harm substantially improve the financial stability of the lessee.
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