Bibliographic citations
Sánchez, N., (2024). Responsabilidad solidaria del arrendador financiero por daños ocasionados a terceros en accidentes de tránsito Lima 2011-2016 [Universidad Nacional de Trujillo]. https://hdl.handle.net/20.500.14414/21164
Sánchez, N., Responsabilidad solidaria del arrendador financiero por daños ocasionados a terceros en accidentes de tránsito Lima 2011-2016 []. PE: Universidad Nacional de Trujillo; 2024. https://hdl.handle.net/20.500.14414/21164
@mastersthesis{renati/1050504,
title = "Responsabilidad solidaria del arrendador financiero por daños ocasionados a terceros en accidentes de tránsito Lima 2011-2016",
author = "Sánchez Medina, Natalia Raquel",
publisher = "Universidad Nacional de Trujillo",
year = "2024"
}
In our country, the financial leasing contract establishes responsibilities of the lessor and the financial lessee in the face of third parties in traffic accidents, as long as the movable asset leased is a motor vehicle. The present paper searches for establish the joint and several liability of the financial lessor against the damages caused by the use of the movable asset, because it is a legal duty required by the third party affected in the face of traffic accidents. Likewise, the diverse legislation, doctrine and national and foreign jurisprudence investigated establishes positions that indicate the joint liability of the financial lessor to third parties in traffic accidents, while other countries privilege the private autonomy of contracts, pointing as sole responsible to the financial lessee. This research paper allows describing the criteria that must be taken into account to establish the dogmatic also in order to describe the criteria that must be taken into account to deny the position of judges who argue that the lessor should respond jointly and severally for accidents or not. derivatives of the financial lease contract, and the argumentative method that allowed me to base the hypothesis with laws, national doctrine. After analyzing the jurisprudence, it is demonstrated that, in our country, there is no uniform judgment as regards the sentences issued by the jurisdictional. Then, the regulations in relation to the General Traffic Law must be modified in order to establish the joint and several liability of the financial lessor, victims of traffic accidents.
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