Table of contents (expand)
- The concept, types, characteristics and meaning of the contract of sale. Rights and obligations of the parties
- Elements of a sales contract
- Responsibility of the parties under the contract of sale
- The concept, types, characteristics of the contract of retail sale. Legislation
- Elements of a retail sale contract
- Rights and obligations of the parties under a retail purchase and sale agreement. Responsibility of the parties
- Concept, characteristics, elements of the supply contract
- Conclusion and termination of the supply contract
- Rights and obligations of the parties under the supply agreement
- The concept, elements and features of the contract for the supply of goods for state or municipal needs
- Responsibility of the parties under the contract for the supply of goods for state or municipal needs. Contents of the contract
- The concept, types, characteristics of the contracting agreement, features of legal regulation. Difference from the supply contract
- Elements and content of the contracting agreement. Responsibility of the parties
- The concept, types, characteristics and content of the energy supply contract
- Elements of an energy supply contract
- Features of the conclusion and termination of the contract for energy supply. Liability of the parties under the contract
- Concept, characteristics, elements of a contract for the sale of real estate
- Parties to a real estate sale agreement, their obligations
- Real estate sale contract form
- Residential sale agreement. The concept of a contract for the sale of an enterprise
- Elements and content of an enterprise sale agreement
- The concept and characteristics of the contract of exchange. Responsibility of the parties
- Elements and content of an exchange agreement
- The concept, characteristics and subject of the donation agreement
- Parties to the donation agreement
- Rights and obligations of the parties under the donation agreement
- The form of the donation agreement, the procedure for its conclusion. Responsibility of the parties
- The concept, characteristics and features of the annuity agreement. Liability under the contract
- Elements of a lease agreement. Rights and obligations of the parties
- Features and elements of a permanent rent agreement
- The content of the contract of permanent rent
- Life annuity contract
- Lifetime maintenance contract with dependents
- The concept and characteristics of the lease agreement. Liability of the parties and termination of the contract
- Elements of a lease agreement
- Parties to the lease. Rights and obligations of the parties
- Features of the vehicle lease agreement
- Features of the enterprise lease agreement
- Features of a financial lease (leasing) agreement
- Concept, characteristics, legal regulation, elements of a loan agreement. Liability under the contract
- Rights and obligations of the parties under the loan agreement. Termination of the contract
- The concept, characteristics and elements of a tenancy agreement
- Social tenancy agreement
- The powers of the parties to the contract of social rental of residential premises, which differ from the powers of the parties to the contract of commercial rental of residential premises
- commercial lease agreement
- Rights and obligations of the parties to the contract
- Household contract
- Construction contract
- Contract for the performance of design and survey work
- Contract for the performance of work for state or municipal needs
- The concept, types, regulation of the contract for the provision of services
- Elements and content of the contract for the provision of services
- Transport contracts
- Contract of carriage of goods
- The concept, characteristics and elements of the contract for the carriage of passengers and baggage. Liability under the contract
- Rights and obligations of the parties under the contract for the carriage of passengers and baggage and under the contract of transport expedition
- The concept, characteristics and elements of the contract of transport expedition. Liability under the contract
- Towing contract
- The concept, types and legal regulation of the storage agreement
- Elements of a storage agreement
- Rights and obligations of the parties under the storage agreement
- Responsibility of the parties under the storage agreement
- The concept, characteristics and elements of the contract of agency. Features of a commercial order
- Rights and obligations of the parties under the contract of assignment. Termination of the contract
- Concept, characteristics, elements of the contract of commission. Termination of the contract
- Rights and obligations of the parties under the commission agreement
- The concept, characteristics and elements of an agency agreement
- The content of the agency agreement
- The concept and characteristics of the contract of trust management of property. Parties to the agreement
- Elements of the contract of trust management of property. Grounds for termination of the contract
- Contents of the property trust management agreement
- The concept and characteristics of the insurance contract. Parties to the agreement
- Basic concepts of insurance law. Elements of an insurance contract
- Rights of the parties under the insurance contract
- Obligations of the parties under the insurance contract
- Types of insurance
- Forms of insurance
- Concept, characteristics, elements and types of loan agreement
- Rights and obligations of the parties under the loan agreement
- Loan Agreement
- The concept, characteristics and elements of a financing agreement against the assignment of a monetary claim (factoring). Responsibility of the parties
- Rights and obligations of the parties under a financing agreement against the assignment of a monetary claim (factoring)
- The concept, characteristics and elements of a bank deposit agreement
- Rights and obligations of the parties under the bank deposit (deposit) agreement
- The concept, characteristics and elements of a bank account agreement
- Types of accounts under a bank account agreement. Liability of the parties and termination of the contract
- Rights and obligations of the parties under the bank account agreement
- Settlement obligations. Forms of non-cash payments. Settlements by payment order
- Settlements under a letter of credit
- Payments by checks
- Settlements for collection
- The concept, characteristics, elements and types of a simple partnership agreement
- The content of the simple partnership agreement
- Termination of a simple partnership agreement
- Acting in someone else's interest without a mandate
- Rights and obligations of the parties when acting in someone else's interest without instructions
- Public promise of reward
- public competition
- Games and betting
- General provisions on tort obligations (due to harm)
- General provisions of the rules on liability for tort obligations
- Features of liability of legal entities for tort liabilities
- Responsibility for tort obligations of minors, persons with limited legal capacity and legally incompetent
- Peculiarities of responsibility of persons possessing a source of increased danger in case of harm
- Features of compensation for harm caused to the life or health of a citizen, and harm caused by defects in goods, works or services
- General provisions on obligations arising from unjust enrichment
- Grounds for the emergence of obligations from unjust enrichment
- The powers of the parties to the obligation from unjust enrichment
- Liability of the parties to the obligation from unjust enrichment
- The concept, characteristics and elements of contracts for the implementation of research (R&D), experimental design (R&D) and technological work
- The content of the contract for the implementation of research (R&D), experimental design (R&D) and technological work
- The concept and content of know-how (a license agreement on granting the right to use a production secret)
- License agreement
- The concept, characteristics and elements of a commercial concession (franchising) agreement
- Rights of the right holder under a commercial concession agreement
- Obligations of the user under a commercial concession agreement
- Varieties of commercial concession (franchising). Subconcession. Restrictions on the rights of the parties under the contract
- Liability under a commercial concession agreement. Modification and termination of the contract
31. CONTENT OF THE CONTRACT OF PERMANENT RENT
Responsibilities of the rent payer:
▪ pay rent continuously in full even in the event of the destruction of the property transferred to him free of charge;
▪ pay interest established by the agreement or in accordance with Art. 395 of the Civil Code for late payment of rent (clause 1 of Article 595 of the Civil Code);
▪ bear the risk of accidental loss of property or accidental damage to it, transferred to him free of charge (clause 1 of Article 595 of the Civil Code).
Rent payer rights:
▪ refuse the annuity agreement by purchasing the annuity; to do this, he is obliged to notify the recipient of the annuity three months in advance in writing and pay subsequent amounts of annuity until its redemption (clause 1 of Article 592 of the Civil Code); waiver of this right in the contract is invalid, however, the contract can provide for a ban on redemption for a certain period: it cannot be more than 30 years (clause 3 of Article 592 of the Civil Code). The repurchase is carried out at the price specified in the contract, and in its absence - at a price corresponding to the annual amount of rent to be paid, plus the value of the property transferred for the payment of rent (clause 3 of Article 594 of the Civil Code);
▪ demand a reduction in the amount of rent or termination of the contract in the event of the destruction of property received for payment (clause 2 of Article 595 of the Civil Code).
Rent recipient's rights:
▪ require the payer to pay rent (Article 593 of the Civil Code);
▪ transfer to another person your right to receive annuity during your lifetime by assigning a claim, and after the death of the annuity recipient, this right is inherited (clause 2 of Article 589 of the Civil Code);
▪ demand from the payer to buy back the rent in case of improper performance of the contract by him, as well as in a number of cases and in case of improper performance of the contract by him: when the property received by him under the rent was transferred to several persons for common use or divided between them, as well as in the case when the payer is recognized insolvent (Article 593 of the Civil Code).
Grounds for termination permanent rent:
▪ general grounds for all contracts (Chapter 26 of the Civil Code);
▪ special reasons:
a) the requirements of the recipient to redeem the rent (Article 593 of the Civil Code);
b) the payer's requirements to terminate the contract due to the accidental loss of property transferred against the payment of rent (paragraph 2 of article 595 of the Civil Code).
Responsibility of the parties under a permanent rent agreement is not specifically provided for in the Civil Code of the Russian Federation. This means that it occurs in accordance with the general grounds provided for in paragraph 2 of Art. 586 and Art. 588 CC. However, there are some forms of responsibility:
▪ payment of interest by the rent payer for late payment of rent in accordance with Art. 395 Civil Code (Article 588 Civil Code);
▪ termination of the contract by purchasing the annuity at the request of the recipient (clause 1 of Article 593 of the Civil Code);
▪ termination of the annuity contract at the request of the payer by purchasing it (Article 592 of the Civil Code).
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