Thursday, 23 of February of 2012

Individual Concerns

Against the background of still imperfect legislation legal relations arising in connection with the lease of property (Chapter 34 of the Civil Code, the rules of the Federal Law of 21.07.1997 122-FZ "On State Registration of Rights to immovable property and transactions with it "), and adequately established law enforcement practices remain relevant, many problematic issues, in particular, reflecting the peculiarities of the rental of office and industrial-warehouse premises. Potential tenants need to know and consider these characteristics when selecting the object and the preparation of the lease. This will allow the right to form and confidently predict the development of the lease, avoiding unnecessary problems and inefficient expenditures. Lease agreement concluded in written form by drawing a single document signed by the parties (clause 2 st.432 Civil Code). The lease must specify the data that allow definitely set the property (in this case the premises), subject to transfer to the lessee as the object of the lease, including the exact address and location of lodging, with an area, or conditional cadastral number, and the appointment (for office, warehouse, concrete production, etc.).

According to paragraph 2 of the Civil Code st.651 lease non-residential premises entered into for a period of not less than one year, subject to state registration and is concluded with the date of such registration. The essential condition of the lease period is determined by the contract surrendered possession and use of a rental property. However, on the basis of paragraph 2 of the Civil Code st.610 possibility of signing the lease without it the lease of the property.