Ar cle 756 Where a contract for nancing lease is rescinded owing to a reason not a ributable to the
par es, such as an accidental destruc on, damage, or loss of the leased object a er it is delivered to the
lessee, the lessor may request the lessee to make compensa on based on the deprecia on status of the
leased object.
Ar cle 757 A lessor and a lessee may agree on the ownership over the leased object upon expira on of the
term of the lease. Where there is no agreement between the par es on the ownership of the leased object
or the agreement is unclear, if it cannot be determined according to the provisions of Ar cle 510 of this
Code, the ownership of the leased object shall belong to the lessor.
Ar cle 758 Where the par es agree that the lessee shall have the ownership over the leased object upon
expira on of the term of the lease, if the lessee has paid most of the rent but is unable to pay the remaining
part, and the lessor has therefore rescinded the contract and taken back the leased object, the lessee may
request the corresponding refund if the value of the leased object taken back exceeds the rent and other
expenses in arrears.
Where the par es agree that the lessor shall have the ownership over the leased object upon expira on of
the term of the lease, and the lessee is unable to return the leased object due to destruc on, damage, or
loss of the leased object, or because the leased object has a ached to or been mixed with another thing, the
lessor has the right to request the lessee to make reasonable compensa on.
Ar cle 759 Where the par es agree that the lessee is only required to pay the lessor a symbolic price upon
expira on of the term of the lease, the ownership of the leased object shall be deemed as belonging to the
lessee a er the lessee has ful lled his obliga on to pay the rent in accordance with the agreement.
Ar cle 760 Where a contract for nancing lease is invalid and the par es have agreed on the ownership of
the leased object under such a circumstance, such an agreement shall be followed. Where there is no
agreement between the par es on the ownership of the leased object or the agreement is unclear, the
leased object shall be returned to the lessor. However, where the contract becomes invalid owing to a reason
a ributable to the lessee, if the lessor does not request the return of the leased object or the return of the
leased object will signi cantly reduce the usefulness thereof, the ownership of the leased object shall belong
to the lessee, and the lessee shall make reasonable compensa on to the lessor.
Chapter XVI Factoring Contracts
Ar cle 761 A factoring contract is a contract under which a creditor of accounts receivable transfers the
exis ng or a er-acquired accounts receivable to a factor who provides services such as accommoda on of
funds, management or collec on of the accounts receivable, guarantee for the payment of a debtor of the
accounts receivable, and the like.
Ar cle 762 A factoring contract generally contains clauses specifying the business type, scope of service,
term of service, informa on on the underlying transac on contract and the accounts receivable, the
nancing funds through factoring, the service remunera on, the methods of payment thereof, and the like.
A factoring contract shall be in wri ng.
Ar cle 763 Where a creditor and a debtor fabricate an account receivable as the object of transfer and then
conclude a factoring contract on it with a factor, the debtor of the fabricated account receivable shall not
assert a defense against the factor on the ground that the account receivable does not exist, unless the
factor clearly knows such fabrica on.
Ar cle 764 Where a factor no es a debtor of an account receivable of the assignment of the account
receivable, he shall disclose his iden ty as a factor and present necessary cer fying documents.
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or revoked, the lessee no longer bears liability for compensa on.
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