Liability problems of motorcycle hire purchasers in case of loss which is not the fault of the hirer

Abstract

The purpose of this research was to study the liability problems to the motorcycle hire purchasers in the case of a loss caused from the others according to the Civil and Commercial Code Laws on Unfair Contract Terms and Consumer Protection Laws, and to suggest the guidelines for improvement, amendment, and addition of legal provisions. Qualitative research methods have been applied to this study consisted of research papers and in-depth interview to collect and analyze data. The results show that the Civil and Commercial law on the hire purchasers are still ambiguous in many aspects. As the two laws are different, therefore, the application of leasing laws is sometimes inappropriate and creates problems with leasing whether the hire purchasers’ responsibility, the suspension of the hire-purchase contract, the duty and liability of the lessor in the case of the hire-purchase contract is terminated, refund issue, how to calculate, and the contract terms that are contrary to public order. Therefore, this research recommends (1) to increase the provisions on the obligations of the hire purchaser to be explicit; (2) to specify the suspension of the hire-purchase contract, for example, in case of loss of the hire-purchase property, the hire-purchase contract shall be suspended; (3) to declare the obligation of the lessor to refund (if any) in case of the hire-purchase contract is suspended because the hire-purchase property is lost from the others and to determine how to calculate the refund amount; and (4) to regulate the contract that is contrary to public order, such as the hire-purchase contract requires the hire purchaser to be liable for the loss, which is not cause of the hire-purchaser but from the others.