Cologne, Germany -- (SBWIRE) -- 07/02/2013 -- GRP Rainer Attorneys and Tax Accountants in Cologne, Berlin, Bonn, Bremen, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London www.grprainer.com/en explain: In its judgment from 27 March 2013 (No.: 25 U 59/12), the Court of Appeal, Kammergericht (KG), in Berlin decided that an exclusion of tenancy liability by the lessor in a leasing agreement from assignment of legal warranty claims of the sales contract against suppliers, the obligation to provide notification of defects to the supplier is also excluded or must be assigned to the lessee. Otherwise, the lessor may be liable for damages.
The decision was based on the reasoning of a previous case in which warranty claims related to tenancy liability – as usual for leasing agreements – were excluded from being assigned to the warranty claims liability of the supplier. Provisions of information to the lessee in regards to the lessee’s obligation to notify the supplier of defects as well as the exclusion of such claims by the lessor did not follow.
Leasing is a contract form in which a lessor has procured and has fully funded an object or thing. Such a leased object is made available for the independent use of the lessee in exchange for payment of a small monthly amount.
The differences between a lease contract and a usual rental contract show the complexity of the area of leasing law: as in a rental contract, not just two parties are involved as in the law of tenancy, but in a lease contract agreement, there is still a third party in addition to the contracting parties (lessor and lessee): The manufacturer of the leased asset.
Reason enough even before the conclusion of a leasing contract to seek competent legal support both in determining and reviewing a contract that has been offered to you. An attorney experienced in leasing law helps in the design and structuring of contracts in such a way that they can withstand judicial review at a later point in time.
About GRP Rainer LLP
GRP Rainer LLP http://www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.
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GRP Rainer LLP
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Phone: +49 221-27 22 75-0
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