The new provisions concern the situation in which the tenant / user is a consumer, fact for
which the provisions regarding the leasing contracts, real and personal guarantees, although
they are constitutive enforceable titles, these are not applicable in the case of the tenant or the
user.
If the tenant / user who has the quality of consumer, does not cover the leasing rate for 3
consecutive months, calculated from the maturity provided in the leasing contract, the lessor /
financier has the right to terminate the leasing contract.
Or, if the tenant / user returns the good within the term provided in the contract, the eventual
compensations can only include the difference between the total amounts due according to
the contract, diminished with the value obtained by capitalization, excluding VAT, or with
the value established by a report valuation of the good issued by an authorized valuer.
At the same time, in case the good was returned within the term provided in the contract, the
tenant / consumer user or a third buyer proposed by him within 5 days from fulfilling the
delivery obligation benefits from the priority right to buy the good, valid for 30 days from the
date of delivery.
As a consequence, if the consumer does not comply with the above provisions, the lessor /
financier can freely dispose of the good, and the tenant / user is obliged to pay the amounts
established according to the contract.
