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第七百五十八条 当事人约定租赁期限届满租赁物归承租人所有,承租人已经支付大部分租金,但是无力支付剩余租金,出租人因此解除合同收回租赁物,收回的租赁物的价值超过承租人欠付的租金以及其他费用的,承租人可以请求相应返还。
Article 758
Where the parties agree that the lessee shall have the ownership over the leased
object upon expiration 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rescinded the contract and taken back the leased object, the lessee may request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.
当事人约定租赁期限届满租赁物归出租人所有,因租赁物毁损、灭失或者附合、混合于他物致使承租人不能返还的,出租人有权请求承租人给予合理补偿。
Where the parties agree that the lessor shall have the ownership over the leased
object upon expiration of the term of the lease, and the lessee is unable to
return the leased object due to destruction, damage, or loss of the leased
object, or because the leased object has been attached to or mixed with another
thing, the lessor has the right to request the lessee to make reasonable
compensation.
第七百五十九条 当事人约定租赁期限届满,承租人仅需向出租人支付象征性价款的,视为约定的租金义务履行完毕后租赁物的所有权归承租人。
Article 759
Where the parties agree that the lessee is only required to pay the lessor a
symbolic price upon expiration of the term of the lease, the ownership of the
leased object is deemed as belonging to the lessee after the lessee has
fulfilled his obligation to pay the rent in accordance with the agreement.
第七百六十条 融资租赁合同无效,当事人就该情形下租赁物的归属有约定的,按照其约定;没有约定或者约定不明确的,租赁物应当返还出租人。但是,因承租人原因致使合同无效,出租人不请求返还或者返还后会显著降低租赁物效用的,租赁物的所有权归承租人,由承租人给予出租人合理补偿。
Article 760
Where a contract for financing lease is invalid and the parties 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 parties on the
ownership of the leased object or the relevant agreement is unclear, the leased
object shall be returned to the lessor. However, where the contract becomes
invalid due to a reason attributable to the lessee, if the lessor does not
request the return of the leased object or the return of the leased object will
significantly reduce the usefulness of it, the ownership of the leased object
belongs to the lessee, and the lessee shall make reasonable compensation to the
lessor.
第十六章 保理合同
Chapter XVI
Factoring Contracts
第七百六十一条 保理合同是应收账款债权人将现有的或者将有的应收账款转让给保理人,保理人提供资金融通、应收账款管理或者催收、应收账款债务人付款担保等服务的合同。
Article 761
A factoring contract is a contract under which a creditor of accounts receivable
transfers the existing or after-acquired accounts receivable to a factor who
provides services such as accommodation of funds, management or collection of
the accounts receivable, guarantee for the payment of a debtor of the accounts
receivable, and the like.
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