TEMPORAL ASPECTS OF CONTRACTUAL RELATIONSHIPS FOR PAYABLE USE OF OTHER’S PROPERTY (RENTS)

Abstract

The article is devoted to the scientific study of the topical question of the time dimensions of the proper interactions of counterparties when concluding and executing a property lease agreement. Considered aspects of the implementation of specific actions within the specified period, which make up the content of the respective rights and obligations of the parties. Along with the obligation of the lessor to transfer the object to the lessee in a timely manner, the need for the latter to take the necessary actions regarding the timely acceptance of the property was analyzed. The author paid considerable attention to clarifying the temporal content of the condition of the contract on a monetary obligation, according to which the tenant must make periodic payments for use. It is emphasized that the parties have the right to set the terms of payment at their discretion, however, if they do not agree on them, the dispositive provision of the law applies, which determines that the fee for the use of the property must be paid monthly. In addition, the possibility of making changes to the amount of rent during the term of the contract was studied. In this aspect, it was concluded that the current legislation has taken certain correct steps to reduce the possibility of free adjustment of the fee in the direction of its increase at the will of the economically stronger party (the lessor), but still this possibility partially remained, especially when renting state property. The problem of implementing the right of the proper tenant to conclude a lease agreement for a new term has been studied in detail. It is claimed that in case of violation of the pre-emptive right, the employer can demand in court to conclude a contract with him. Also, the work examines issues not only related to time limits for the exercise of regulatory powers, but this issue is studied in relation to protective legal relations that arise when the counterparty’s rights are violated. It has been proven that in the event of a change in the owner of the property, the new lessor may, within the remainder of the statute of limitations, apply to the court with a demand for the collection of an ancient debt or termination of the contract in accordance with Art. 783 of the Civil Code in connection with the tenant’s past violations. Finally, the scope of the implementation of such a protective authority as termination of the contract due to its violation by the other party is considered in detail. For example, this is possible when the tenant does not pay for the use of the thing for three months in a row. Such a contract is considered terminated from the moment the lessee receives the lessor’s notice of withdrawal from the contract.