Art. 619 Civil Code: case law

To the relations that concern leasing, the rules of Ch. 34 GK, unless otherwise provided for by special regulations. In accordance with the general procedure, the subjects conclude an agreement under which one party transfers, and the second takes property for a specified period of use and possession. In this case, the latter pays a certain amount for this. It is established by agreement of the parties. The rules for the termination of legal relations related to the reimbursable use of a thing are defined in Art. 619,620 Civil Code of the Russian Federation.

Features of the transaction

Tenant in the process of operation of the object transferred to him, can receive income, fruits or create products. They are his property. The object of the lease is an individual-specific thing that does not lose its properties in the process of using it for its intended purpose. One of the mandatory requirements when concluding the agreement is an accurate description of the transferred property.

Subject composition

As the parties to the transaction, the owner or other lawful owner (the lessor) and the user (the lessee) act. Participants in the relationship can be a physical or legal entity, as well as a state exercising its rights through authorized bodies. The Lessor is the owner / legal owner or a person authorized by him / the law. A subject who has a movable thing in economic jurisdiction may transfer it for use to other persons without the consent of the title holder. The lessee, as a general rule, can be any subject. However, in some cases, legislation may provide for limitations. For example, in an organization's lease agreement or a leasing agreement, both participants must be entrepreneurs (legal entities). If a thing is offered for hire, one party must be a natural person.

Art. 619 Civil Code: termination of the lease

The legislation provides for a number of cases in which relations between entities can be terminated early. Some of them are given in art. 619 Civil Code of the Russian Federation. допускается по требованию собственника (законного владельца), если пользователь: Termination of contracts is allowed at the request of the owner (legal owner), if the user:

1. Operates property with significant violations of the terms of the agreement or their repeated admission.
2. Much worsen the state of things.
3. Supposed non-payment of the amount set for the operation of the facility, more than two times in a row after the expiration of the period provided by the agreement.
4. Does not carry out capital repairs of property in the period established by the contract. действует в случаях, когда законодательство, иной нормативный акт, условия сделки предусматривают необходимость проведения ремонтных работ в разумные временные промежутки. If the terms in the agreement are not registered, then this clause of the 619 Civil Code of the Russian Federation is effective in cases when the legislation, other normative act, the terms of the transaction require the need for repair work at reasonable time intervals.

Parties may provide for other grounds for termination of legal relations ahead of schedule. The Lessor can demand the termination of the contract before the end of the period established in it only after giving the user a written notice on the need to fulfill the obligations undertaken by the latter. The notice must set a reasonable time.

Art. 619 Civil Code of the Russian Federation with comments

Termination of legal relations related to the use of property for a fee is allowed in cases established by law, other norms or agreement. предусматривает 4 основания. Article 619 of the Civil Code of the Russian Federation provides for four grounds. The first is the exploitation of property with the admission of violations. They can be repeated or significant. The latter are considered such violations, which entail for the other party such damage, that when it occurs, the subject is largely deprived of what he could expect when making a transaction. Art. действует, например, в случае, когда пользователь передал объект в перенаем без согласия собственника. 619 of the Civil Code of the Russian Federation acts, for example, in the case when the user transferred the object to the transfer without the consent of the owner.

Deteriorating state of things

под таким действием следует понимать поведенческий акт, вследствие которого объект становится неисправным. In the sense of the norm of 619 of the Civil Code of the Russian Federation, this action should be understood as a behavioral act, due to which the object becomes defective. In other words, his condition is deteriorated to an extent exceeding normal wear. This, as a rule, is caused by the user's failure to fulfill the obligation to keep things in good order, perform routine maintenance, and bear the cost of maintaining it. , собственник/законный владелец должен доказать, что степень полезности свойств объекта в ходе его эксплуатации настолько снизилась, что это повлекло ущерб, при котором он лишается того, на что рассчитывал при совершении сделки. Making claims under the 619 Civil Code norm, the owner / legal owner must prove that the degree of usefulness of the properties of the object in the course of its operation has decreased so much that it caused damage, in which he loses what he expected when making a transaction.

Evasion of payment

In the sense of the norm of 619 of the Civil Code of the Russian Federation, the violation of the terms of the agreement will be the delay in the repayment of the monetary obligation at least three times in a row. In this situation, the owner may demand early payment. In this case, he himself sets a time limit for this, unless otherwise specified in the agreement. The owner can not demand payment more than 2 times in a row. If the user continues to evade the performance of the obligation, the creditor has the right to terminate the contract.

Nuance

The owner may demand early termination of the agreement also in the event that the debt for payment has been paid off by the lessee. Meanwhile, legislation restricts this right. If the owner does not file a demand to terminate the agreement within a reasonable time after the tenant has repaid the arrears, he loses this opportunity. This provision is confirmed by the Decree of the Plenum of the Supreme Arbitration Court No. 73 of 17.11.2011 (paragraph 23, paragraph 2).

Obligations for overhauling

They can be provided directly in the lease agreement or in the legislation. In addition, the parties have the right to determine the period in which the user must carry out capital repairs. If it is not defined, then a reasonable period is taken into account. They are considered to be the period that is necessary to maintain things in a normal, usable state.

Additionally

In accordance with paragraph 25 of the Review of the Presidium of the Supreme Arbitration Court No. 66, other cases may be included in the list of grounds. At the same time, the list can not be reduced by agreement of the parties. Legislation allows inclusion in the agreement of grounds not related to breaches of obligations. For example, in court practice there are cases of termination of the contract at the request of the owner in connection with the attribution of the exploited property to the list of reconstructed facilities, the production need to use it by the rightful owner and so on.

An Important Moment

Termination of the contract can be carried out in a judicial procedure on grounds not specified in Art. 619, if the authority recognizes them as essential. Thus, the Presidium of the Supreme Arbitration Court specifies that such circumstances can be non-payment of a single payment or incomplete payment of a specified amount. In this case, the court assesses the materiality of the violations.

Procedure

Termination of the contract includes 2 stages. At the first stage, the person concerned must observe the pre-trial procedure. Such a need is directly established in the norm of 619 of the Civil Code of the Russian Federation. Pre-trial procedure involves sending a notice to the user with a message about the need to fulfill the obligation in a reasonable time. If the lessee has not taken appropriate measures to satisfy the claims, the lessor sends a written notice of termination of the contract. The period for receiving a response according to the general rule is 30 days.

Conclusion

It is important to remember that the period for the fulfillment of the obligation by the user must be reasonable. Otherwise, the defendant has a chance to prove the impossibility of meeting the requirements. If at the first stage the owner's claims are not satisfied, he sends the application to the court. Proceedings are possible only if the pre-trial order is observed, since the claimant needs grounds for the termination of the contract and documentary confirmation of the notification of the user.