The lease contract ofRent is one of traditional types grazhdansko - legal instruments.
In the existing Russian legislation definition of rent is given in Art. 606 of group of companies.
According to the lease contract (property hiring) the lessor (lessor) undertakes to provide to the tenant (employer) property for a payment in temporary possession and use or in temporary use.
Proceeding from definition it is possible to mark out three main lines characteristic of this contract.
In - the first, this agreement on the basis of which transfer (granting) of a certain property by the person is carried out, competent to dispose of it, in possession and use (or only use) to other person without transition to the last of the property right. The lessor remains the owner of property.
In - the second, rent is always temporary and upon termination of rent term the property is subject to return to the lessor. The exception is made by cases of repayment by the tenant of the property taken in employment, but in these cases rent stops and at the final stage of the relation of the parties pass into the sphere of purchase and sale.
In - the third, the lease contract always paid: the tenant is obliged to pay for use of property (unlike the gratuitous contract of the loan).
As the rights and obligations for the lease contract arise at both parties, it belongs to bilateral; this contract is also consensual, i.e. establishing between the parties the obligations relations from the moment of achievement of the agreement by them (registrations of the contract), in difference, say, from the loan agreement which belongs to real and is considered concluded after the date of transmission of money or other things to the borrower (Art. 807 of group of companies).
By the general rule, property is transferred to the tenant to his possession and use. But with development grazhdansko - the legal relations covering new areas of economic partnership rent at which the property is provided to the tenant only in use became possible: for example, at rent of difficult COMPUTERS the tenant acquires the right during certain time to work with the corresponding equipment, without owning it.
of the Concept “ rent “ and “ property employment “ are used usually as identical - at any rent employment of property takes place.
the Use in the current legislation in one cases of the term “ rent “ in others - “ property employment “ (hire etc.) it is connected not so much with distinctions of separate types of such contracts how many with established practices of their name in certain spheres. Legal differentiation between rent and hiring is carried out only concerning premises. When granting premises to the citizen for accommodation in it between the parties the employment contract of premises which is selected in an independent look is signed and regulated by norms of hl. 35 groups of companies. The same spaces can be leased to legal entities (with a condition of their use for accommodation of citizens, as a rule, of employees of the relevant organization). But in this case the relations between the parties - the lessor and the legal entity will be under construction on lease contract model.
Rent gives the chance to satisfy needs of the citizens and legal entities needing temporary use by certain things and at the same time provides to the owner of property who is not using it during this period, obtaining the income in a type of a rent. It is favorable to both parties.
In hl. 34 the complex of the general norms which action extends to all types of rent is allocated. Along with it norms of special regulation of its separate types are entered: hire, lease of vehicles, rent of buildings and constructions, rent of the enterprises, financial rent - leasing. Differentiation of these contracts is carried out mainly in a subject (object) of rent, but also other moments, for example scope of the contract and specialization of lessors in the contract of hire, special character of the relations when leasing are considered and so forth
Governed § 1 hl. 34 groups of companies have universal character and completely regulate those types of the rent relations for which special regulation is not provided, and also extend to the contracts selected in separate types of rent, but only in that part which is not regulated by the special rules relating to the corresponding type of the relations (hire, leasing etc.) .
The civil code, being the act of direct action, provides at the same time a possibility of application in certain cases of other legislative and other legal acts supplementing its norms or establishing special rules for separate types of the relations having specifics.
In Art. 607 of group of companies it is said that features of leasing of the land plots and other isolated natural objects can be established by the law. The norms regulating leasing of the land plots contain in hl. 17 groups of companies (Art. 260, 264, 270) which is put into operation by the Federal law of April 16, 2001 and in the Land code. According to item 1 of Art. 260 of group of companies of the person, the land plot having the right to dispose of it, including to lease if the respective lands are not excluded from a turn having in property or are not limited in a turn. For rent it is told about the right of transfer of the land plots also in Art. 264 of group of companies.
In the Land code questions of rent are regulated by the Art. of 22 hl. IV, the earth devoted to different types of use.
Transfer to use of subsoil plots, water objects, the woods is regulated by the Law on a subsoil, the Water code, Lesnoy the code.
Having allocated a number of norms of special regulation of lease of vehicles, group of companies along with it contains the instruction that by transport charters and codes others, besides provided by the Code can be established, to feature of rent of separate types of such means (Art. 641, 649). They are connected with service conditions, maintenance, increased requirements to vocational training of the persons steering these or those vehicles etc. of
the Special rules regulating rent of separate types of vehicles contain in the Air code, the Code of trade navigation, the Code of an inland water transport.
a Number of features of rent of objects of railway transport is provided by the Federal law of February 27, 2003 “ About features of management and the order of property of railway transport “.
is characteristic Of the new legislation on rent the fact that the detailed regulation of the relations in it does not turn in excessive “ overregulation “. Many norms were given dispositive character that gives to the parties the chance to solve in the contract if necessary this or that question differently, than in the law, and legislative regulation is used as spare option (“ if other is not provided in the contract “) . The norms providing protection of the rights of the parties, and also the third parties whose interests can be infringed are imperative generally. Such approach provides rather worked legal basis of formation and development of the rent relations that increases their legal level and security of participants and at the same time does not contradict the principle of freedom of the contract.
Norms of hl. 34 groups of companies, and also the special legislation regulating features of separate types of the rent relations are applied in combination with the general standards of the civil legislation on transactions, obligations, contracts, etc.