Civil law. Part II. Elements of a rental agreement. Rights and obligations of the parties (most important)

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Civil law. Part II. Elements of a rental agreement. Rights and obligations of the parties (most important)

Lecture notes, cheat sheets

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29. ELEMENTS OF RENT CONTRACT. RIGHTS AND OBLIGATIONS OF THE PARTIES

Hand agreement - the recipient of the rent and the payer of the rent. The subjective composition of the parties is limited by law for each type of rental agreement.

Subject contracts:

▪ property transferred by the rent recipient to the payer (movable and immovable; the legal regime of the contract depends on the type of property);

▪ rent (money, things, services), its type, size, terms of payment, as well as methods for ensuring its payment must be provided for in the contract.

Period The contract can be unlimited (in a permanent annuity contract), and can be measured by the life of the recipient of the annuity (in other types of contracts). This contract is ongoing. The uncertainty of the term of the contract does not allow at its conclusion to determine the entire amount of the rent that will be paid. This circumstance makes the contract risky, since it is not known in advance for which of the parties it will be more profitable, and any of the parties may receive satisfaction in a smaller amount than imagined.

Form rental agreements must be in writing, and the agreement must be certified by a notary; in the case of transfer by the recipient of the rent to the payer of real estate, the contract is subject to the state. registration.

The moment of conclusion of the contract is considered the transfer of a movable thing or state. registration of a contract for the transfer of real estate.

The rights and obligations of the parties vary depending on the type of rental agreement.

Rent recipient's rights: a) receive rent in a timely and full manner even in the event of accidental destruction of the thing transferred for rent;

b) demand that the annuity payer terminate the contract by repurchasing the annuity; c) demand payment of rent from the person to whom the rent payer will alienate the property transferred by the rent recipient upon concluding the rent agreement (this property is subject to the right of succession, etc.).

Rent payer rights: a) terminate the contract with the consent of the annuity recipient;

b) alienate to a third party real estate received by him under rent from the rent recipient, without the consent of the latter, etc.

Obligation of the annuitant - agree with the rent payer when concluding the agreement:

a) the amount, method and timing of payment of rent to him;

b) method of securing the contract; c) the fate of the contract in the event of the death of the annuity payer, etc.

Responsibilities of the rent payer: a) timely and fully pay the rent even in the event of accidental destruction of the property received by him under the rent;

b) index rent payments as inflation increases;

c) agree with the recipient of the rent on the terms of the contract, which were mentioned in the obligations of the recipient of the rent; d) compensate losses to the payer of rent in case of improper fulfillment of the obligation to pay rent, etc.

An essential condition of an agreement providing for the transfer of a sum of money or other movable property against payment of rent is a condition that establishes the duty of the rent payer to provide security for the performance of his obligations or to insure in favor of the recipient of the rent the risk of liability for non-performance or improper performance of these obligations.

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