Original scientific paper
Precontractual Relationships in Indirect Leasing Transactions
Hrvoje Markovinović
orcid.org/0000-0002-5376-3461
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Ivan Tot
orcid.org/0000-0002-9401-8986
; Faculty of Economics and Business, University of Zagreb, Zagreb, Croatia
Abstract
The paper analyses the precontractual relationships that arise between the participants of an indirect leasing transaction when the leasing and the supply contracts are concluded simultaneously. In an indirect leasing transaction a distinctive triangular relationship is conceived between the supplier, the lessor and the lessee. A peculiar characteristic of this relationship is that the particulars agreed between the supplier and the lessee in the precontractual phase become part of the contracts not concluded between those parties: the leasing contract between the lessor and the lessee, and the supply contract between the supplier and the lessor. This characteristic of indirect leasing transactions raises several questions connected with the precontractual liability of the participants in the transaction and their mutual rights and obligations: Could the business contact between the lessee and the supplier be considered as precontractual negotiations? Is there a precontractual liability of the supplier to the lessee? Could the lessee be considered as an agent of the lessor in the precontractual negotiations on the conclusion of the supply contract? Could the supplier be considered as an agent of the lessor in the precontractual negotiations on the conclusion of the leasing contract? What duties to inform arise between the participants to an indirect leasing transaction? The paper discusses comparative legal solutions of Austrian and German law, and examines their acceptability in the context of Croatian law.
Keywords
leasing; indirect leasing; precontractual liability; culpa in contrahendo; duties to inform
Hrčak ID:
193108
URI
Publication date:
15.1.2018.
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