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Contract law. Business lease agreement (most important)

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37. ENTERPRISE LEASE AGREEMENT

On company lease agreement the lessor undertakes to provide the lessee for a fee for temporary possession and use of the enterprise as a whole as a property complex used for entrepreneurial activities.

The enterprise lease agreement is:

1) consensual;

2) compensated - the basis for the fulfillment of the obligation to provide the leased object for use is the timely payment for the use of property;

3) mutual - the presence of subjective rights and obligations of both parties to the enterprise lease agreement.

subject of a contract

▪ an enterprise as a single property complex related to real estate and including fixed and working capital, rights to use natural resources, exclusive rights, as well as claims and debts.

Form of contract

▪ written, by drawing up one document signed by the parties, subject to state registration.

Essential terms of the contract enterprise lease are the subject of the contract and the price.

Landlord

▪ the owner of the property being transferred for use or a person authorized by law or the owner to lease the property.

Tenant - this is a person interested in obtaining property for use, while the law does not apply any special requirements to him as a general rule.

The landlord, in addition to his general duties, must:

1) reimburse the lessee for the cost of inseparable improvements made by the latter to the leased property, regardless of the permission of the lessor for such improvements;

2) to provide the tenant with property in a condition corresponding to the terms of the contract and the purpose of the property.

The tenant, in addition to his general rights and obligations, has:

1) the obligation to maintain the enterprise in proper technical condition during the entire term of the contract, including carrying out its current and major repairs;

2) the obligation to return the leased property complex to the lessor in compliance with the rules for the transfer of the same complex after the expiration of the enterprise lease agreement;

3) the right, without the consent of the lessor, to sell, exchange, lend for temporary use or loan material assets that are part of the property of the leased enterprise, sublease them and transfer their rights and obligations under the lease agreement in relation to such assets to another person, provided that this does not entail a change in the value of the enterprise and does not violate other provisions of the enterprise lease agreement.

Author: Rezepova V.E.

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