RESIDUAL VALUE RISK IN AUTOMOTIVE OPERATING LEASE CONTRACTS
DOI:
https://doi.org/10.30925/zpfsr.38.1.10Keywords:
operating lease; automotive leasing; residual value risk; residual value; excess mileage adjustment; terminal rent adjustmentAbstract
The subject of the research in this paper are automotive operating lease contracts
in the Croatian business practice. The provisions of the general terms and conditions
for operating lease contracts of the Croatian leasing companies are being analysed,
particulary those relating to the rights and obligations of the parties to the contract
after the operating lease contract was terminated and the motor vehicle returned to the
lessor. The existence of three contractual models of the automotive operating lease
contract in the Croatian business practice is established, which vary with regard to the
assignment and the distribution of the residual value risk. Those contractual models
are being compared with the two most common contractual models of automotive
lease contracts in the Austrian and German business practice: the lease contract with
the excess mileage adjustment and the lease contract with the terminal rent adjustment.
On the basis of the results of this comparison, applicability of the legal solutions,
developed in the Austrian and German jurisprudence and legal literature regarding
the lease contract with the excess mileage adjustment and the lease contract with
the terminal rent adjustment, to the automotive operating lease contract within the
framework of Croatian law, is being examinded.
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