สิทธิและหน้าที่ของคู่สัญญาตามสัญญาเช่าซื้อ

Abstract

Hire purchase is a contract that greatly involves with daily lives of people in society. However, when it is being formed, there are still numerous contractual parties who do not know the meaning of hire purchase contract, the rights and duties toward each other and the rights that a party will have when the other party is in breach of the contract. Due to the above mentioned problem, the author has written this article to briefly explain about the characteristic of the hire purchase contract and also the rights and duties of the parties toward each other by raising problems that often occur in daily life to be considered, e.g. during the term of the hire purchase contract, the hirer is yet to be the owner of the subject property, but is merely a person who is entitled to possess the property, however, the hirer has rights of possession and use over property, he therefore can use and exercise any right over the property. Additionally, a hirer’s duty in a hire purchase contract is to pay for the property’s price, if the hirer fails to comply with the contract by nonpayment and taking the subject property with bad faith, the hirer will have to be liable civilly to the owner of the property and also be subject to criminal liability. Another issue that vastly occurs is the case that the hirer still has not paid the due hire purchase price to the owner and the contract is terminated afterward. In such case, the property owner, not being able to claim for the unpaid hire purchase price from the hirer, will be entitled to claim only for compensation for lost earning or for use of the property. The last issue that the author raises is that the death of the party to the hire purchase contract does not cause the contract to be terminated. Instead, the rights and duties of the deceased party will be inherited to be continued by the party’s heir.