Commentary on Ruling Order No. 9577 of 2024: Financial Leasing and Shared Liability

The Supreme Court of Cassation's ruling No. 9577 of April 9, 2024, offers an important resolution regarding liability in financial leasing arrangements. In this context, the Court established that both the lessor and the lessee have a common interest concerning the supplier of the asset. This principle of cooperation is fundamental to understanding how responsibilities can be allocated among the parties involved.

The Legal Framework of Financial Leasing

Financial leasing is a contract where the lessor provides an asset to the lessee, who undertakes to pay a fee for a certain period. However, in case of issues with the asset, such as an unroadworthy car, who is responsible? The Court clarifies that there is a mutual duty of collaboration between the lessor and the lessee. Both must act diligently to protect the other's interest, particularly at the time of asset delivery.

The Ruling's Principle

Financial leasing - Relationships between lessor and lessee concerning the supplier - Factual scenario. In the context of financial leasing, where there is a separation between the party destined to receive delivery from the supplier and the party destined to fulfill the payment obligation to the supplier, the lessee and the lessor have a common interest concerning the supplier (thus, a duty of collaboration rests on both). Consequently, the lessor must ensure the lessee's interest in exact performance is safeguarded, while the lessee, for their part, is burdened, towards the lessor, with the duty to act diligently regarding the delivery, so as not to compromise the lessor's interest in the supplier's exact performance, according to a common behavioral model based on mutual cooperation. This leads to the consequence that the risk of how the asset's delivery is carried out by the supplier to the customer can be shared between the lessor and the lessee, if both have contributed to causing the resulting damage, in application of the rule set forth in Article 1227 of the Civil Code.

Analysis of the Decision

In the specific case, the Court quashed and remanded a judgment that had assigned exclusive liability to the lessee, who had received a car with incomplete documentation. Here, the Court emphasized that the seller's obligation to provide the necessary documentation for registration cannot be disregarded. This is a clear example of how risk must be allocated, considering the contribution of both parties to the causation of the damage.

• Liability is not unilateral: both parties must collaborate.
• The lessee must act diligently but cannot be held solely responsible for the supplier's shortcomings.
• The lessor has a duty to oversee the supplier's performance.

This approach reflects a balanced view of financial leasing contracts, in line with the provisions of the Civil Code, particularly Article 1227, which states that liability must be assessed based on each party's contribution.

Conclusions

Ruling No. 9577 of 2024 represents a significant step in defining responsibilities in financial leasing. It underscores the importance of cooperation between the lessor and the lessee, highlighting that both have an active role in ensuring the correct execution of the contract. It is crucial for the parties involved to understand that, in the event of litigation, liability cannot be attributed exclusively but must be assessed within a context of interaction and mutual collaboration.