Abstract

The problem of settlements between the parties to a leasing contract upon termination of the contract by the lessor for reasons the lessee is responsible for is regulated in Art. 70915 of the Civil Code. However, this provision does not clarify all doubts that arise in practice. In particular, it is not clear whether the obligatory reduction of unpaid instalments refers also to lease payments which became payable earlier, before the contract has been terminated by the lessor. The publication is an attempt to interpret that provision so as to clarify those doubts. Not only a detailed linguistic analysis of the provision has been made, but also taken into account were the properties of a leasing contract, the description of the leasing instrument provided for in Art. 70915 of the Civil Code and the objectives connected with its introduction to the statutory construction of a leasing contract, the earlier jurisprudential practice as regards similar legal constructions, as well as the contents of international harmonization acts relating to a leasing contract.