Presumption of Lessor Bad Faith in a Lessee’s Surety for a Supplier: A Development of Fiduciary Obligations in Leasing

This article analyzes the emerging problem of abuse by the lessor of his rights when concluding a contract of guarantee of the lessee for the obligations of the supplier for the purpose of ensuring the delivery of the leased item. The study examines the special status of the lessee as the weaker party in the financial lease (leasing) contract and the redistribution of the burden of proof in judicial disputes within the framework of law enforcement practice. The quintessence of this legal trend is studied – the refusal to protect the rights under a security transaction involving the weak side of the lease agreement and the conclusion is made about the actual formation of a new legal approach that is not established by the doctrine – the presumption of dishonesty of the lessor. The relevance and novelty of the chosen topic are related to the almost complete lack of specialized research devoted to modern problems of the lessor’s integrity in the execution of purchase and lease agreements, as well as dynamically developing law enforcement practice, which significantly complements outdated legal regulation.