Contract law. Rent agreement (most important)

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Contract law. Rent agreement (most important)

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39. RENTAL AGREEMENT

Annuity agreement - an agreement by virtue of which one party (rent recipient) transfers property to the ownership of the other party (rent payer), and the rent payer undertakes, in exchange for the property received, to periodically pay rent to the recipient in the form of a certain amount of money or provide funds for its maintenance in another form (Clause 1, Article 583 of the Civil Code of the Russian Federation).

The lease agreement is:

1) real - the contract is considered concluded from the moment the recipient of the rent transfers the property to the payer of the rent;

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) unilaterally binding - the recipient of the rent is vested with rights, and the payer of the rent bears obligations.

The relationship between the parties is long-term.

Parties to the agreement rent are the payer of the rent and the recipient of the rent. The recipients of rent are, as a rule, citizens, regardless of their age, ability to work, state of health, and permanent rent - as well as non-profit organizations, if this does not contradict the law and corresponds to the goals of their activities. Rent payers can be both citizens and legal entities.

The subject of the contract rent can be any immovable and movable property, including funds that are not limited and not withdrawn from civil circulation.

Form of contract - notarial. An agreement that provides for the alienation of real estate against the payment of rent, in addition, is subject to state registration.

If a sum of money or other movable property is transferred against the payment of rent, then an essential condition of the rental agreement is a condition establishing the obligation of the rent payer to provide security for the fulfillment of his obligations in one of the ways provided for in Art. 329 of the Civil Code of the Russian Federation (pledge, guarantee, bank guarantee) or insure in favor of the recipient of the rent the risk of liability for non-performance or improper performance of these obligations.

Property alienated against the payment of rent may be transferred by its recipient into the ownership of the rent payer for a fee or free of charge (Clause 1, Article 585 of the Civil Code of the Russian Federation). In the first case, the property is alienated with the condition not only of the provision of periodic rental payments, but also the transfer of a certain amount of money. In this case, the rules on the sale and purchase are applied to the relations of the parties regarding the transfer and payment of property, and in the case when such property is transferred free of charge, the rules on the donation agreement.

Author: Rezepova V.E.

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