Guarantee law

Article 40: "When concluding a mortgage contract, the mortgagee and the mortgagor shall not stipulate in the contract that the ownership of the mortgaged property shall be transferred to the creditor when the mortgagee is not paid off at the expiration of the debt performance period."

Article 41: "If a party mortgages a vehicle, it shall go through the mortgage registration, and the mortgage contract shall take effect from the date of registration."

Matters needing attention in purchasing car rental by rent:

1, choose a large company with good qualifications. In fact, regular, large-scale leasing companies, because of bulk procurement, have relatively low car costs.

2. See more and compare more. Some leasing companies attract consumers to sign contracts under the slogan of both rent and purchase, and on the other hand, they mortgage their cars to banks to facilitate their capital turnover. In this case, consumers need to bear higher rents.

3. Due to the separation of the right to use and ownership, compared with installment payment, consumers actually bear the costs and risks brought by the leased property.

Extended data

Case:

Pay the bill carelessly and don't know the details of the contract.

In the case of Shunde, the branch of Daliang Consumer Council reminded that on the one hand, car rental companies attract consumers to sign contracts under the banner of both rent and purchase, on the other hand, they mortgage their cars to banks to facilitate their capital turnover, and consumers do not know the details of financing contracts between them and banks beforehand.

Therefore, purchasing by rent is essentially a financial lease. Formally speaking, the law allows financial leasing, but strictly speaking, purchasing by rent is not protected by law, because it has no legal basis, but from the aspect of leasing alone, as long as both parties are qualified and sign a contract, it is not illegal. If there is a dispute, it is difficult to sort it out, because we can't just look at the contract signed by both parties. Although the contract is not illegal, it is not protected by law. For example, if the consumer transfers the right to use, that is, the consumer pays the full amount but the car is not in his name, then disputes will easily arise.

In addition, compared with installment payment, financial leasing is a kind of business transaction, and the buyer not only obtains the right to use the traded goods, but also obtains the ownership of the goods. The former is a kind of leasing behavior. Although the lessee (consumer) actually bears the costs and risks caused by the leased property, legally speaking, the ownership of the leased property is still nominally owned by the lessor (car rental company).

In view of the above three points, even if consumers pay enough money, they can't handle the transfer formalities in time, so they can only wait for the time being. Consumers decide to buy a car after recognizing the risk of purchasing by rent, in order to avoid unpleasant experiences in the future.

Reference source: Shunde News Network-To rent a car, the property right is not your own after spending money.

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