COMPARATIVE LEGAL DESCRIPTION THE CONCEPT OF RENT CONTRACT REAL ESTATE IN CIVIL LAW IN UKRAINE, RUSSIAN FEDERATION, FRANCE AND GERMANY
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2015, Vol 20, Issue 2
Abstract
This article provides a comparative legal analysis of the doctrinal and legislative approaches to the definition of lease agreement of real estate in civil law Ukraine, Russian Federation, France and German Federal Republic. There are major conceptual basis for understanding the concept of contract in the legal systems of the countries surveyed. So, today, art. 759 of Chapter 58 Civil Code of Ukraine establishes the definition of lease agreement, according to which, under a lease agreement transmits the lessor or is obliged to transfer the property to the lessee to use for a fee for a certain period. However, none of the regulatory acts we can trace individual concept of lease agreement of real estate. The current Civil Code of Russian Federation under the lease establishes the agreement under which the lessor agrees to give the lessee property for payment for temporary possession and use or for temporary use. The term «rent» and «lease» as in the civil law of Ukraine, understood as identical. §535 BGB stipulates that according thelease agreement the lessor shall give the thing for temporary use. The lessee is obliged to pay the lessor the agreed fee. A § 581 BGB stipulates that the rent the landlord agrees to give the renter a lease using the leased object and its right to use the fruit, if the latter can be attributed to income that is received with proper farming. Article 1709 provides that the lease of things – is the agreement in which one of the partiesagrees to use the other side of things for a certain time and for a fee, which the latter undertakes to pay for it. In the Civil Code of Ukraine, Russia, France and Germany is not provided a separate concept of lease agreement of real estate. However, the indisputable fact is that the vast majority of species of lease agreement entered into regarding to the real things, and today there are real reason for allocation of a particular subgroup of lease agreement of real estate, belonging to the group of agreements on the transfer of property for use, at the Civil Code of Ukraine and consolidate of their concept. In this regard, we propose to make changes to Chapter 58 of the current Civil Code of Ukraine by isolating sub of lease agreement of real estate, and consolidate concepts of such agreements.
Authors and Affiliations
M. R. Matushchak
Keywords
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