Rent contract - Civil law. The special part

Rent agreement

Rent is a regularly received income from capital, property or land that does not require entrepreneurial activity from its recipient.

The rent agreement is new for United States civil legislation. Its legislative consolidation is conditioned by the transition to market relations.

In accordance with paragraph 1 of Art. 583 CC under the contract of rent, one party (the payee of the rent) transfers the property to the other party (the payer of the rent), and the rent payer undertakes in exchange for the received property to periodically pay the annuity to the recipient in the form of a certain monetary sum or provision of funds for its maintenance in another form.

Under the rent contract, it is possible to establish the obligation to pay rents indefinitely ( permanent annuities) or for the lifetime of the annuity annuity ( life annuity) (paragraph 2 of Article 583 of the Civil Code).

The question of whether an annuity contract can be consensual is controversial. The opinion that the contract of rent is always real a contract is more correct, since without the actual transfer of property to the payer of rent, it makes no sense to talk about the origin of rental relations. This agreement also applies to onerous and one-way contracts.

The parties to the rent contract are the annuity payee (rental lender) and the payer (rental debtor).

Rent recipients in the contract for life annuity, including the issue of life-long maintenance with dependents, can only be citizens. According to paragraph 1 of Art. 589 CC beneficiaries of permanent rent are also non-profit organizations, if it does not contradict the law and is consistent with the objectives of their activities. The recipient of the rent may not coincide with the person transferring the property for the payment of rents, for example, when establishing a lifetime rent by one citizen in favor of another citizen or group of citizens (clauses 1, 2, article 596 of the Civil Code).

The law does not impose any restrictions on the range of possible rent payers. Accordingly, they can be both citizens and legal entities, both commercial and non-commercial, interested in acquiring the property in the property and able to fulfill the condition of payment in exchange for rent.

The question of the subject of the rent contract is controversial, it is generally accepted that objects of the contract may be things (movable and immovable), cash and documentary securities .

The rent contract is subject to notarization.

Property that is alienated to the payment of rent can be transferred by the recipient of the rent to the ownership of the payer for a fee or for free.

The law pays special attention to protecting the interests of the recipient of rent. Rent payments can be made in the form of cash payments (item 1 of article 590, item 1 of item 597 GK), and also in the form of granting of the maintenance including maintenance of requirements for habitation, a delivery, clothes, etc. (item 1 of item 602 GK). The law establishes the minimum size of life annuity (paragraph 2 of Article 597 of the Civil Code) and the minimum value of the total amount of maintenance with a dependent (clause 2, Article 602 GK). Regardless of the form, all rental payments must have a monetary value.

An essential condition for an agreement on the transfer of a monetary amount or other movable property for the payment of a renter is the condition for the payer to provide security for the performance of his obligations (pledge, retention of the debtor's property, etc.) or insuring them in favor of the recipient of the risk of responsibility for failure to perform or improper performance of these obligations (clause 2, Article 587 GK).

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