Abstract

Pursuant to Art. 709¹⁵ of the Civil Code, in the event of the termination of a lease contract due to non-payment of lease instalments the lessor may require the lessee to pay all unpaid lease instalments provided for in the contract immediately minus the benefits that the financing party has obtained as a result of their payment before the agreed deadline and termination of the lease contract. The benefit obtained by the lessor in connection with the return of the leased asset should be understood primarily as the amount obtained from the sale of the leased asset, net of VAT. On the other hand, the sale of the leased asset at a discount shall authorise the lessee to claim compensation from the lessor pursuant to Art. 471 of the Civil Code or to raise a plea of contributory negligence (Art. 362 of the Civil Code).