Free use of real estate: execution of documents

To conduct entrepreneurial activities, the enterprise needs different fixed assets. In this case, it is not necessary to acquire objects in the property. The company may well get the OS into a gratuitous urgent use. Let us consider further the nuances of this procedure.

General information

The transfer for free use has a number of specific features. In practice, it is often confused with the free acquisition of objects. However, there is a fundamental difference between these procedures. A free acquisition of the OS implies the transfer of ownership to the receiving party, and when the objects are provided for free use, the original owner does not change.

Subject of transaction

The right of gratuitous use applies exclusively to individually defined things. As the subject of the transaction may be different objects. At present, the free use of real estate is quite popular. It includes land plots, enterprises, structures, buildings complexes, isolated objects of nature , etc. These things should be non-consumable - they do not lose their natural characteristics during operation. This rule provides a guarantee of the fulfillment of obligations by the recipient on the return of the object. Using this restriction, the parties to the relationship should understand that the value will not be so much the properties of the object as such, but rather the relationship with the specifics of its use, provided under the terms of the agreement. That is, the operation of the object does not prevent its return in kind. For example, food products are, undoubtedly, consumed things. However, this does not prevent their transfer to urgent use for display at an agricultural exhibition. Of no small importance is the individual certainty of the thing. This property allows you to assess whether the recipient has fulfilled the obligation to return the object in kind or not.

Exceptional deals

The free use of immovable property has a number of limitations. In Art. 607 GK there are references to special laws on individual conditions of the transaction. In particular, we are talking about the possibility of establishing a list of objects, free rental is limited, banned or carried out under special rules. Paragraph 2 of the said rule provides for the establishment of a special regime for land plots and other isolated natural complexes. Such laws, the references to which are present in the article, have an exceptional character. By virtue of this, they can not treat the gratuitous transfer agreements unless they contain the relevant instructions. Given the disposability of the norm, at first glance, contradictory situations are not excluded. For example, items that are prohibited from renting can be transferred to free use. Moreover, under certain conditions, the objects withdrawn from circulation may participate in the transaction. Such situations are conditioned by the fact that the free use of real estate or other means presupposes limited powers in relation to things, in comparison with urgent exploitation for a fee.

Participants in the transaction

As the subject providing the object, can act as a person with the right to dispose of it. Accordingly, the recipient can be one who has the legal opportunity to exploit a thing under the terms of the agreement. The first participant is devoted to art. 690 GK. Normally, there is an indication of the possibility of providing property only to owners or other persons authorized by him or the law. In this case, the owner of the object may be subject to certain restrictions. For example, in Art. 346 CC established that the mortgagor can provide the object for free use only with the consent of the pledgee. The subject authorized by the owner may be a commission agent who acts within the mandate. A slightly smaller amount of legal capacity is provided for the trustee. He can make various transactions, perform uncompensated use of real estate, but only in the interests of the beneficiary.

Prohibitions

The fact that the granting of an object under a loan agreement is free of charge, requires that in some cases it may be possible to conclude it. By general rules, prohibitions are aimed at ensuring the protection of the interests of not only the entity entering into the transaction, but also other persons. The latter are mainly creditors, as well as participants in partnerships and other business entities. One of the prohibitions is in Art. 690 GK. The norm does not allow the provision by a commercial organization for free use of items to a person who is its founder, leader, participant, member of a control or administrative body. This is due to the fact that these entities may indirectly or directly affect the formation of the will of the society itself. For example, to influence the borrower to conclude an agreement aimed at benefiting the persons listed in Art. 690, paragraph 2, contrary to the interests of the enterprise with which they are connected. In such cases, the nature of the transaction, which obviously does not correspond to the main goal of the organization, will be taken into account. In addition, restrictions may apply to representation. Article 37 of the Civil Code of the second paragraph provides trustees and guardians with ample opportunities to dispose of objects belonging to the ward. However, at the same time, a list of transactions that can be made or to which representatives can give consent only when authorized by the state agency is established.

Nuance

As a rule, there are no grounds for setting limits for the second party to the transaction. Moreover, taking into account that the agreement meets the interests, first of all, of the recipient, the legislator in some cases considers it reasonable and necessary to exclude it from existing prohibitions. For example, without allowing trustees / guardians to enter into transactions, their spouses and relatives with wards, Article 37 in paragraph three provides for the possibility to transfer property to the latter for free use and as a gift.

Special cases

In the Civil Code there is a special rule, the action of which is aimed at preserving the agreement when one of its participants changes. The fact that the lender remains the right to alienate the subject of the contract or provide it for reimbursable use. Art. 700 GK provides in this case a special regime. In particular, the purchase or lease of premises / buildings / buildings and other facilities involves the transfer of legal capabilities to the new owner or the exploiting person under a previously concluded loan agreement. In this case, an appropriate encumbrance is established. This article also provides for different types of succession by the lender. In the event of the death of a person or the reorganization of an enterprise, their duties and legal capabilities pass to the heir or other person having the relevant powers. Specifically stipulated circumstance that in the transformation of any type of duty and right receives a person acting as a successor, unless the other follows from the meaning of the loan agreement. Other rules apply to the acquirer. Thus, in the event of the death of a citizen or the reorganization of an enterprise, the operation of the loan agreement is terminated, unless otherwise follows from its terms.

Free of charge contract: sample

The parties conclude the agreement voluntarily. It should be noted that gratuitousness presupposes certain duties for organizations acting as lenders. For example, in accordance with the Federal Law "On Librarianship", it is possible for every enterprise and citizen to receive for a time any documents from institutions partially or wholly financed from the federal, regional or local budget. In Ch. 36 GK there are no special rules regulating the order by which the contract should be concluded, as well as determine its form. In addition, Art. 609 is not included in the list of articles referred to in Art. 689, paragraph 2. In this regard, when drawing up an agreement, general rules should be followed. In particular, this means that if a free lease of premises is carried out, the cost of which is not less than 10 times higher than the minimum wage, the transaction between citizens shall be executed in writing. If the agreement is concluded between an individual and an enterprise, then this form is mandatory, regardless of the price of the object. In other cases, oral registration of the transaction, as well as by means of conclusive (indicating the corresponding intentions) actions is allowed. In the written form of the agreement, the subject of the transaction, the obligations and rights of the parties, the period during which the use of the dwelling or other object will be exercised, the responsibility of the participants, the rules of return shall be indicated.

Additionally

In case of violation of the requirements for mandatory written execution, the consequences provided for in Art. 162 of the Civil Code. In particular, in the event of a dispute, it is prohibited to refer to witness statements in support of the transaction and the establishment of its terms. In the cases provided for by Articles 164 and 131 of the Civil Code and by federal law, the agreement on gratuitous use must be registered. As a general rule, the agreement will be deemed valid after this procedure.

Accounting

The fixed assets that are received for free use should be reflected in off-balance account 001. When the OS is provided, the relevant documents are drawn up. One of them is the act of transfer. The sample of this document serves as the basis for recording the estimated value on the debit of an acc. 001. In addition, an inventory card is being filled in on the object. OS-6. It makes a corresponding note about the free use and assignment of funds to the off-balance account. Inventory cards for such objects must be kept separately. Upon the completion of the agreement and the return of the OS, you should:

1. To issue the certificate on ф. OS-1.
2. Make an entry in the inventory card on the withdrawal of the asset from the off-balance account.
3. Withdraw from the loan ac. 001 value of the property.

A responsibility

In the process of using the property, damage can be caused. The responsibility for its application is established in Sec. 36. Under Art. 697 it is provided for the lender if he can not prove that the damage was caused by gross negligence or the intent of the recipient or the person whose object was with his consent. The basis for the removal of liability from the causer of harm is the absence of his guilt. This provision is established art. 1064 CC (paragraph 2). The lender, therefore, can be guided by this rule, if both the recipient's fault and his own are absent at the same time.