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
36. PARTIES TO THE LEASE. RIGHTS AND OBLIGATIONS OF THE PARTIES
As parties (landlord и tenant) all subjects of civil legal relations can act: individuals and legal entities, as well as the state (through its bodies).
The lessor must be either the owner of the property transferred by him for use, or a person authorized by law or the owner of the property to lease this property. At the same time, a person who owns property on the basis of the right of operational management may lease it out only with the consent of the owner of this property.
Any person can be a tenant, however, in some types of lease, the subject composition may be limited by law. So, in a lease agreement for an enterprise and a leasing agreement, both parties must be entrepreneurs, and in a consumer rental agreement, only one party must be an entrepreneur - the lessor.
The lessor is obliged: provide the tenant with property in a condition corresponding to its purpose and the terms of the contract; supply the property transferred to the tenant with all accessories and documents related to it; transfer the property to the tenant within the time period established by the agreement; warn the tenant about the obligations of third parties to the property transferred to him; carry out capital repairs of the leased property at its own expense.
The lessor has the right: demand rent from the tenant; return of the leased item after the expiration of the contract; early termination of the contract, if the tenant uses the property not in accordance with the terms of the contract or with the purpose of the property.
The tenant is obliged: use the leased property in accordance with the terms of the contract or the purpose of the property; use the leased property only by himself; do not sublease this property without the consent of the landlord; pay rent on time; return the property to the lessor after the end of the contract in a state of normal wear and tear, together with accessories and documents related to it; maintain the leased property in good condition; carry out current repairs of the leased property; bear the cost of maintaining it.
The tenant has the right: require the lessor to transfer the subject of the lease to him; reduction of rent if the condition of the leased property has deteriorated significantly; claim the fruits, products, income received as a result of the lease, unless otherwise provided by the contract; for the redemption of the leased property, if it was provided for by the contract; to sublease the leased property (the rights of the subtenant are limited by the rights of the tenant, in particular, the sublease period cannot be longer than the lease period); to conclude a contract for a new term, primarily to other persons; for the transfer within one year of the right to conclude a new contract if the lessor refused to conclude an agreement for a new term, but at the same time concluded an agreement with another person.
The right of use of the tenant is inherent right to follow a thing, i.e., the transfer of ownership of the leased item does not terminate the contract.
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