The purpose of the study : an explanation of the main provisions of the second most important type of contract of the class "dare (gift).

After studying this chapter, the student must:

know general provisions on the lease of legal relations: the concept of a lease agreement, its types and varieties (rental, lease of an enterprise, financial leasing, etc.);

know how determine the subject of these contracts;

acquire skills of lease contracts for various types of property (but to samples and sample forms).

Questions for the seminar lesson

1. Lease agreement (property lease): general provisions.

2. Contracts for rental, lease of vehicles, buildings, structures, enterprises.

3. Financial leasing agreement (leasing agreement).

General provisions on the lease agreement

One of the most common types of contracts in the class "dare (not counting the purchase and sale) is the rental agreement, or property lease agreement. Under this agreement, the landlord ) undertakes to provide the lessee (the tenant) with property for a fee in temporary possession and use or for temporary use. The fruits, products and incomes received by the lessee in the process of using the object of lease become his property.

Lease as a contractual type is regulated by the Civil Code according to the same scheme as the purchase and sale: Art. 606-625 are devoted to general provisions on leasing, and the subsequent articles - to certain types and types of the lease contract, such as rent (item 626-631), rent of vehicles with crew (item 632-641) and without crew (item 642 -649), rent of buildings and structures (item 650-655), lease of enterprises (item 656-664) and financial leasing (leasing) - art. 665-670. The norms of Art. 606-625 CC apply to certain types of leases and lease contracts for certain types of property, unless otherwise established by the Civil Code on these contracts.

General provisions of the Civil Code on leasing determine the parties to the contract, its terms, form and content, i.e. rights and obligations of the parties, including their mutual responsibility. The lessor under the lease agreement may be the owner of the property, as well as persons authorized by law or the owner to lease the property, in particular, the subject of economic management right, operational management or managers under a trust management agreement. The lease agreement is bilateral (reciprocal), onerous and consensual.

The subject of the contract is the provision by the lessor of the property in temporary possession and use or temporary use for a fee to the lessee. Objects of leasing are non-consumable things that do not lose their natural properties in the process of their use: land plots and other isolated natural objects, enterprises and other property complexes (workshops, etc.), buildings, structures, equipment, vehicles and other things. The agreement should specify the data that allows to identify the property being leased, otherwise the contract is not considered to be concluded. For a temporary use (without possession), for example, air time, i.e., can be transmitted. use a radio or television installation, through which, without owning it physically, you can distribute the program-carrying signals.

Essential is the condition of the term of the lease agreement determined by the parties. If the lease term in the contract is not determined, the latter is considered concluded for an indefinite period. Each of the parties has the right at any time to refuse such a contract, having notified the other party about it in one month, and when renting real estate - for three months. If the law establishes the maximum lease period, the contract concluded for a period exceeding the limit is considered concluded for a period equal to the maximum.

The law establishes other conditions relating to the provision of property to the lessee, rent, use of leased property, early termination of the contract at the request of the lessor or lessee, return of the property to the lessor, its improvement or redemption by the lessee. These conditions are transformed into responsibilities (and adequate to them the nature) of the parties, put on the appropriate form.

A lease agreement for a period of more than one year, and if at least one of its parties is a legal entity, regardless of the time limit, in writing. If the contract provides in the subsequent transfer of ownership of property to the lessee, i.e. redemption of property, it must be in the form provided for the contract of sale of such property.

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