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CASE STUDY.
Lawyers involved in the project:
The law firm represented the leasing company in the case. The object of the lease was a hall, which shortly after taking delivery was completely burned down. As we were able to establish - the lessee concealed the fact of its own property insurance for the hall with the designation of its own company as the policyholder and insured, and without establishing an assignment of rights from the policies to the owner of the hall - the lessor. Moreover, he quickly carried out the claim settlement process behind the lessor's back. At the same time, he refused to provide the lessor with any insurance information.
Due to the occurrence of total damage to the leased property, as stated in Article 7095 § 1 of the Civil Code, the lease agreement expired, and the law firm, on behalf of the lessor, demanded payment of damages and a discount of all unpaid installments provided for in the agreement, along with the residual value.
The law firm directed a claim in the form of a promissory note and obtained security in the form of an attachment against the insurer preparing to pay the claim. The insurer paid the indemnity to the court depository. After obtaining an enforcement clause on the payment order, the lessor recovered the compensation paid and settled the contract, completely preventing the lessee from taking these funds out behind the lessor's back.
