Lease relations are regulated by the Civil Code of the Russian Federation. In Art. 606, 625 secured the content, features of the execution of the contract in the General case, as well as the specifics of individual agreements. Let us consider in more detail the provisions of article 606 of the Code.
The content of the norm
According to Article 606 of the Civil Code of the Russian Federation, a lease (rental of property) agreement provides for the owner (lessor) to provide the user (lessee) with property for a certain fee for a while.
Products, profits, and fruits that the tenant will receive when operating the transferred object belong to him.
Art. 606 of the Civil Code of the Russian Federation with comments
The first paragraph of the rule underlines the concept of a lease. It is considered a type of agreement on the provision of property for use.
In the current edition of Art. 606 of the Civil Code of the Russian Federation property leasing and rental are synonyms. In the norm, the proposal of pre-revolutionary jurists was not quite rightly fixed. According to him, rent involves the use of a thing, and rent - not only use, but also receive certain benefits from it.
It should be noted one nuance. The concept of “lease” differs from “property lease” in a broader application. This term also refers to other types of agreements concluded upon the provision of property for use. For example, it may be a rental agreement. According to the tradition of the Soviet legal system, this contract is not included in the category of rental transactions, despite the similar legal nature.
Scope of application
The lease referred to in Art. 606 of the Civil Code of the Russian Federation, is widely used in business and other economic fields. The conclusion of such an agreement allows entities to satisfy the needs for the use of any things that they cannot acquire. At the same time, owners get the opportunity to profit from objects that they temporarily do not use.
Agreement specifics
From the provisions of Article 606 of the Civil Code of the Russian Federation there are certain signs of a lease. Firstly, it is onerous. The norm provides a direct indication of this. The agreement involves a counterclaim. According to Art. 606 of the Civil Code of the Russian Federation, one side provides a thing and receives payment for it. The second participant of the thing receives and transfers the agreed amount to the owner of the object.
Features of the exercise of rights and obligations
Agreement, as it follows from Art. 606 of the Civil Code of the Russian Federation, is bilateral. Accordingly, obligations and rights arise for both participants. It follows that the ability to use property cannot be transferred in a “pure form”, since it is always burdened with a certain obligation. Assignment of the right is allowed with the simultaneous transfer of debt, i.e., as part of a re-lease. He, in turn, is allowed only with the consent of the owner (based on 2 paragraph 615 of the Civil Code).
The reciprocal nature of the agreement is that the tenant in all cases bears the burden of meeting obligations. In this regard, the user should not provide a fee if the owner has not transferred the agreed thing. The fact is that if the execution caused by the transaction is not provided or if there are circumstances that clearly indicate that the owner will not fulfill the obligations within the prescribed time, the participant who is assigned the counter-performance may suspend his participation in the transaction. He also has the right to completely withdraw from legal relations.
If the execution stipulated by the agreement was not fully completed, the party bearing the burden of counter-provision may also suspend participation in the transaction or refuse it in the relevant part.
A lease agreement is usually consensual. This means that the obligation relationship is established at the time the parties reach an agreement on the essential terms of the transaction. At the same time, the agreement on the lease of transport is recognized in the Civil Code as real. This means that such an agreement is considered concluded at the time of the provision of the agreed thing.
Tenant Legal Opportunities
As a general rule, they include the use, possession and limited disposal of a thing. Let us briefly consider these powers.
Ownership is the possibility of direct, actual possession of a thing, provided legally. Use involves the extraction of useful properties, income, products, fruits from the property during its operation. The ability to dispose allows the subject to determine the legal fate of the thing.
In the context of an economic goal, it is use that is recognized as the tenant's basic competence. As for ownership, it should be considered an added opportunity. It acts as an optional power granted to the lessee in cases where the operation of the property is impossible without the actual possession of it. For example, the operation of power lines can be done without owning them.
Receiving benefits
The scope of the right to use depends on the purpose of the property. As one of the components of this authority is the extraction of income, products, fruits from things. Under the profit should be understood the cost indicator of the increment of property in its use. As a rule, it is expressed in money.
Products are the result of the application of labor to property. By fruits we mean that which can separate from a thing in a natural way.
As a general rule, all the benefits received by the subject from using the thing pass into his property. There are no exceptions to this in Art. 606 of the Civil Code of the Russian Federation. Judicial practice, however, recognizes the possibility of changing this rule by the parties to the transaction themselves. Of course, the relevant provision should be reflected in the text of the contract.
The agreement may contain not only an indication that part of the benefits received should be transferred to the lessor, but also that it passes to him at the time of receipt. This condition is justified by reference to Article 223 of the Code, which is of a dispositive nature, and therefore allows a different agreement of the parties.
The nature of user rights
The issue of its definition is currently considered debatable.
It can be assumed that after the transfer of property, the tenant becomes the owner of property rights. It is defined as the ability to use an individually defined thing in one’s own interests independently of third-party entities.
If we talk about leasing, the operation of the property, as well as the ownership, is carried out independently of other persons, including the owner, and without their participation and assistance. These entities are liable only in the imperfection of actions that create obstacles to the tenant in the use of property.
There is an opposite position. When substantiating it, urgency of the lease and the ability to arbitrarily limit the scope of rights are called as arguments. However, the opinion that the authority arising from the agreement is transferred to the lessee for a time excludes the proprietary nature, it can hardly be considered true. Perpetuity cannot be considered as a sign of property law, since it is not characteristic of all its types.
The lease agreement involves the emergence of two parallel existing, independent legal relations in which the tenant is involved: a liability and a property.