Sec. 42a-2A-403. Alienability of party's interest under lease contract or of lessor's residual interest in goods; delegation of performance; transfer of rights.
Sec. 42a-2A-403. Alienability of party's interest under lease contract or of lessor's residual interest in goods; delegation of performance; transfer of rights. (a)
In this section, "creation of a security interest" includes the sale of a lease contract that
is subject to article 9 by reason of subdivision (3) of subsection (a) of section 42a-9-109.
(b) Except as otherwise provided in subsection (c) of this section and section 42a-9-407, a provision in a lease agreement which (1) prohibits the voluntary or involuntary
transfer, including a transfer by sale, sublease, creation or enforcement of a security
interest, or attachment, levy or other judicial process, of an interest of a party under the
lease contract or of the lessor's residual interest in the goods, or (2) makes such a transfer
an event of default, gives rise to the rights and remedies provided in subsection (e) of
this section. However, a transfer that is prohibited or is an event of default under the
lease agreement is otherwise effective.
(c) Language in a consumer lease prohibiting the transfer of an interest of a party
under the lease contract or making a transfer an event of default must be specific, be in
a record and be conspicuous.
(d) A term in a lease agreement which (1) prohibits a transfer of a right to damages
for default with respect to the whole lease contract or of a right to payment arising out
of the transferor's due performance of the transferor's entire obligation, or (2) makes
such a transfer an event of default, is not enforceable. Such a transfer is not a transfer
that materially impairs the prospect of obtaining return performance by, materially
changes the duty of, or materially increases the burden or risk imposed on, the other
party to the lease contract within the meaning of subsection (e) of this section.
(e) Subject to subsection (d) of this section and section 42a-9-407:
(1) If a transfer is made that is an event of default under a lease agreement, the other
party to the lease contract has the rights and remedies described in subsection (c) of
section 42a-2A-702, unless such party waives the default or otherwise agrees; and
(2) If subdivision (1) of this subsection does not apply and a transfer is made that
(A) is prohibited under a lease agreement, or (B) materially impairs the prospect of
obtaining return performance by, materially changes the duty of, or materially increases
the burden or risk imposed on, the other party to the lease contract, unless the party not
making the transfer agrees at any time to the transfer in the lease contract or otherwise
or unless limited by contract:
(i) The transferor is liable to the party not making the transfer for damages caused
by the transfer to the extent that the damages could not reasonably be prevented by the
party not making the transfer; and
(ii) A court having jurisdiction may grant other appropriate relief, including cancellation of the lease contract or an injunction against the transfer.
(f) A transfer of "the lease" or of "all my rights under the lease", or a transfer in
similar general terms, is a transfer of rights and, unless the language or the circumstances,
as in a transfer for security, indicate the contrary, the transfer is a delegation of duties
by the transferor to the transferee. Acceptance by the transferee constitutes a promise
by the transferee to perform such duties. The promise is enforceable by either the transferor or the other party to the lease contract.
(g) Unless otherwise agreed by the lessor and the lessee, a delegation of performance
does not relieve the transferor as against the other party of any duty to perform or liability
for default.
(P.A. 02-131, S. 30.)