TERM OF LEASE CONTRACT AND FEATURES OF ITS RENEWAL
Journal Title: Право та інновації - Year 2016, Vol 4, Issue 16
Abstract
Problem setting. Under the contract of lease a lessee receives property of a lessor in use and possession for a certain period. A special attention should be paid to the problem of correlation between the term of the lease contract and the term of continuation of legal relations arising from the contract. It should also be noted that the legislation dealing with the legal regulation of renovation of the contract of lease for a period that was previously established by the contract if a lessee continues to use property after the expiration of the contract of lease within one month, in the absence of objections of a lessor, is not perfect. Analysis of recent researches and publications. The issue of contractual relationships was studied by legal scholars in different ways. Research in this area was conducted by M. Aharkov, S. Aleksieyev, M. Brahinskyi, V. Hrybanov, O. Krasavchykov, O. Ioffe, V. Luts, H. Shershenevych and others. Problems of tenancy and lease were studied by I. Spasibo, O. Lipetsker, Ye. Kozarenko, V. Steshenko, M. Pronina, S. Puhinskyi, T. Potapenkova, Yu. Basin, D. Levenson, N. Haschivska, N. Milovska and other scientists. Target of research. The aim is a comprehensive study and analysis of the term of the lease contract and features of its renovation. Article’s main body. The article provides a legal analysis of the term of the lease contract. Renovation of the contract of lease for a period that was previously established by the contract if a lessee continues to use property after the expiration of the contract of lease within one month, in the absence of objections of a lessor, was researched. Conclusions and prospects for the development. Summarizing the results of the study we can formulate the following conclusions. First, the existence of the relationship arising from the lease contract, and its term are not identical concepts. Second, the relationship that developed between the parties to the contract of lease within one month after the expiry of the contract when one party decides whether to abandon the lease or not, is contractual and governed by the contract of lease previously concluded by the parties.
Authors and Affiliations
M. V. Moroz
Keywords
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