The contract of rent and its types in the State Duma of the Russian Federation

Currently, regulation of the normative and legal direction with respect to the rent contract is implemented in the Russian Federation by general, and certain variants of the agreement - by special norms stipulated in the current Civil Code. It is important to note that, in accordance with the said contract, it is possible to establish the obligation to carry out rental payments indefinitely or for the lifetime of the recipient. It should be borne in mind that lifetime payments can be established on the basis of maintenance of a physical person with a dependent. It will be advisable to consider in detail the rent contract (concept, elements, content, types). And also we will analyze the situations arising concerning the presented theme in a society today.

The essence and significance of the contract of rent

To begin with, it should be noted that, unlike other income, rent should be understood as income received from land, property or capital. It is important to supplement that the recipients of income in this case do not require the implementation of entrepreneurial activities. , целесообразным будет изначально привести актуальное на сегодняшний день определение. Considering the concept, types and content of the rent contract , it will be expedient to initially bring the actual definition to date. So, the rent contract is an agreement, according to which the recipient (one party) transfers the property complexes to the payer (the other party), and the payer in one way or another undertakes in exchange for this property to pay periodically to the recipient a fixed sum of money, called a rent, Or provide some funds for its maintenance in another form. It is necessary to know that the presented definition is regulated by Art. 583 of the Civil Code in force on the territory of the Russian Federation.

нужно четко понимать сущность и значение данной категории. When studying the concept and types of rent contracts, one must clearly understand the essence and significance of this category. It should be borne in mind that, historically, the rent contract is a scheme that allowed, until the beginning of the twentieth century, to solve, through civil law instruments, certain problems that related to the still not existing (primarily pension) provision. To date, the category in question retains its own importance as an alternative and additional source of cash, initially for the maintenance of citizens. важно в полной мере раскрыть субъектов категории, информация о которых полноценным образом представлена в следующей главе. When acquaintance with the concept, types, content of the contract of rent is important to fully disclose the subjects of the category, information on which is fully represented in the next chapter.

Subjects and form of the contract of rent

At present only citizens are considered to be recipients of rent payments. The exception in this case is the recipients of permanent rent. They may be associations of a non-commercial type provided there are no contradictions with respect to the current legislation and the objectives of the activity of the structure itself. It is necessary to know that today there are no restrictions in terms of the subject composition of payers of a certain amount of money as a rental payment.

, важно помнить, что пожизненные выплаты может устанавливаться в пользу некоторого числа граждан. Considering the concept and types of the rent contract , it is important to remember that lifetime payments can be established in favor of a certain number of citizens. Under similar circumstances, their shares in relation to the right associated with the receipt of rent are, by default, treated as equal. If one of the recipients dies, his share passes to the recipients who have experienced it. It is necessary to know that payers can act as legal entities and individuals.

. It would also be advisable to deal with the form of rent that characterizes the concept and types . It is important to bear in mind that any contract of the type submitted is subject to certification by notary bodies. In addition, the agreement, which provides for the alienation of real estate for payment of rental payments, must be registered with the relevant government agencies.

Characteristics of the category

, целесообразным будет указать наиболее важные характеристики, относящиеся к данной категории. Before considering the types of rent contracts in civil law , it is advisable to indicate the most important characteristics related to this category. Among them, it is important to highlight the following points:

• The contract is real (consensual, that is, when the transfer of property complexes is realized for a fee).
• The agreement is one-sided-binding.
• It is considered paid.
• The contract is aleatory (risky), that is, each of its parties, one way or another, carries the risk associated with obtaining a counter satisfaction of a smaller volume compared to that granted.

Ensuring payment of rent

, важно отметить, что в соответствии с этим документом получатель передает имущественные комплексы в собственность так же, как в случае купли-продажи; Considering the rent contract and its types , it is important to note that in accordance with this document, the recipient transfers property complexes to property in the same way as in the case of purchase and sale; Certain amounts of payments are paid in a periodic manner. Sometimes the payment is made during an indefinite time period (this is called a permanent rent), which is undoubtedly beneficial for the payer. It is necessary to supplement that the recipient retains the specific rights to ensure payment of the rental payment (the subject of the contract), although the ownership right, anyway, passes to the payer. ренты важно знать, что обеспечение выплаты заключается в следующем: In the process of reviewing the concept, elements, types of rent contracts, it is important to know that the security of payment is as follows:

• With regard to real estate, which is the subject of the agreement, the beneficiary acquires the right to pledge the appropriate property complexes to secure the obligation.
• In terms of movable property (where it is appropriate to include money), which is the subject of the contract, a significant condition for this agreement is the factor that establishes the obligation on the part of the payer to provide security for the performance of actual obligations or for insurance in favor of the recipient of the risk of liability for improper performance or non-performance of existing Obligations at all. In case of default on the part of the payer of the submitted duties, as well as in case of loss of security or deterioration of its conditions connected with circumstances for which the recipient does not answer, the latter is vested with the absolute right to terminate the contract and claims for compensation of damages caused by this termination. It should be added that the information given in the paragraph is regulated by Art. 587 of the Civil Code in force on the territory of the Russian Federation.

Rent Conditions

предполагают наличие существенных условий данного соглашения. The existing types and features of the annuity agreement presuppose the existence of essential conditions for this agreement. Among them, it would be advisable to note the form, size and subject of the rent payment. Then, when the object of the contract is movable property, a weighty condition is the method of ensuring the performance of current obligations related to the payment of rental payments. It is important to know that the subject of the agreement can be absolutely any property of an individually defined value. However, in accordance with the contract of lifelong maintenance, concluded with a dependent, it can only go about real estate. It should be borne in mind that as a rental payment can be not only money, but also services, work, rights to the results of intellectual activities and so on.

Types of rent contracts and their legal characteristics

To begin with, it should be noted that to date there are three varieties of the category in question. Thus, in the first place, it will be expedient to study the features and characteristics of an agreement that is of a permanent nature. важно понять, что договор постоянной ренты определяется бессрочной направленностью. In the process of acquaintance with the rent contract and its types it is important to understand that the contract of permanent rent is determined by an indefinite orientation. It is necessary to know that the termination of the submitted agreement is possible through the purchase of property complexes or other items of the contract in accordance with the initiative of the recipient or the payer. It is interesting that the refusal of the payer from further payments through the repurchase of property is considered valid only if a written statement is made not later than three calendar months before the termination of payment of rental payments or for a longer time period that is provided for in the permanent rent contract. At the same time, obligations related to the payment of rent payments can not be terminated in any circumstances until the recipient receives the full amount of the repurchase, unless another procedure for the repurchase is provided for by an up-to-date document.

It should be borne in mind that the agreement may imply the exclusion of the exercise of the right to purchase permanent rents during the life of the recipient or for another period not exceeding 30 years from the moment the contract was concluded. The information provided is fully regulated in art. 592 of the Civil Code in force on the territory of the Russian Federation.

Request for redemption

выяснилось, что при постоянном соглашении получатель ренты наделен абсолютным правом требования выкупа со стороны плательщика в следующих случаях: When considering the concept, characteristics and types of rent contracts, it was found out that under a permanent agreement, the recipient of an annuity is entitled to the absolute right of demand for redemption on the part of the payer in the following cases:

• The payer of the rent has overdue its payment for a period exceeding twelve months, unless other circumstances are provided for by a contract of a permanent type.
• The payer violated his own obligations related to the provision of payment of rent.
• The payer was declared insolvent. There were other circumstances that clearly indicate that the rent will not be paid by the payer in time or in the amount established by the current contract.
• The real estate transferred under payment of the rent, has arrived in the property of the general type or has been divided between some number of persons.
• The relevance of other cases provided for by the contract in accordance with Art. 593 of the Civil Code in force on the territory of the Russian Federation.

Characteristics of a standing contract

, характеризующий постоянное действие, предполагает наличие определенных характеристик, среди которых целесообразным будет отметить следующие пункты: The rent contract and its kind , characterizing a permanent action, presuppose the presence of certain characteristics, among which it will be expedient to note the following points:

• Special composition on a subjective plane. In other words, recipients of permanent rent are considered only individuals (citizens), as well as organizations of a non-commercial type.
• The possibility of transferring the rights inherent in the recipient of the rent, as a result of reorganization or inheritance. This can be prohibited by the contract or by the legislation in force on the territory of the Russian Federation.
• The existence of an essential condition (along with the object), which is the size of rent payments. It is important to supplement that they can be paid not only in the form of a certain amount of money, but also in other forms. The amount of payments has the property to increase in proportion to the increase in the minimum amount of actual wages. The information presented is fully regulated by art. 590 of the current Civil Code.
• Availability of specific deadlines. It is necessary to know that permanent rent payments are made at the end of each quarter, unless other circumstances are provided for by a contract of a permanent type. The information provided is regulated by Art. 591 of the Civil Code in force in Russia.

Life annuity

. In this article, it will be useful to consider the characteristics of the type of life annuity contract . So, features of the presented agreement now consist in the following:

• Urgent direction of the contract lifetime rent, which is limited to the period of life inherent in its recipient.
• The possibility of paying rents exclusively in cash. It is necessary to supplement that the amount of this amount can not be less than one minimum wage. The information provided is regulated by Art. 597 of the Civil Code in force on the territory of the Russian Federation.
• который характеризуется пожизненным значением, важно отметить наличие определенных сроков. When considering the rent contract and its kind, which is characterized by lifelong value, it is important to note the existence of certain terms. So, in this case, the rent is paid at the end of each month in accordance with the calendar, unless other circumstances are provided for by the contract. The information set forth is fully regulated by Art. 598 of the current Civil Code.
• The risk of accidental death of property complexes. It is necessary to know that this risk is borne by the rent payer. In addition, accidental loss of property under no circumstances exempts him from existing obligations.

Lifelong Content Contract

являются следующие пункты: As it turned out, the types of rent contracts are the following items:

• Permanent rent.
• Life annuity.

In the last chapter, it will be expedient to fully consider the actual features and characteristics of the contract for lifelong maintenance, which consists of a dependent. It should be borne in mind that in accordance with the presented version of the contract, the beneficiary of the rent is an individual who transfers the apartment, house, plot of land or other real estate belonging to him to the property of the payer of a certain amount. It is important to supplement that the latter, in one way or another, undertakes to realize the lifelong maintenance of a dependent (a citizen or a third person specified in the treaty in question). The information provided is regulated by Cl. 601 of the Civil Code in force in Russia. It should be borne in mind that the contract of lifelong maintenance is considered a kind of contract of lifelong type of rent.

It is necessary to know that the subject of the agreement under consideration can only be real estate. Payments that are rent-related are carried out, as a rule, in the form of ensuring the existing needs of the recipient in care, food, housing, clothing, and so on. It is important to bear in mind that the minimum amount of rent payments in this case is the amount equivalent to two minimum wages. By the way, the circumstances presented assume that the payer is endowed with an absolute right of alienation of property only with the recipient's prior consent. The obligation for life maintenance terminates immediately after the death of the recipient of the rent. In case of a serious violation of the payer's own obligations, the recipient has the right to demand the return of real estate transferred to ensure lifelong maintenance or payment of a redemption price. It should be emphasized that the payer is not entitled to claim compensation for expenses incurred due to the contents of the recipient.