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Publication date: 15.03.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Renting certain things has become a common element of modern civil relations. At the same time, the simplicity of this type of hiring is still complicated by some legal features, for example, when disputes arise between participants in these legal relations. First, it should be noted that rental is regulated by the parties by concluding an appropriate agreement under which one party (the lessor) transfers, or undertakes to transfer the moving thing for possession or use to the other party, that is, to the lessee for a certain fee and for a certain period (Article 787 of the Civil Code). A rental agreement is characterized by the following features: consideration (the lessor must receive payment for the possession or use of a movable thing), bilaterality, that is, the emergence of a certain amount of rights and obligations on both sides, as well as consensuality or reality. Civil law classifies a rental agreement as an adhesion agreement, which means that the lessee can only join (agree) with the conditions established by the lessor. A characteristic feature is also publicity, which, in accordance with Art. 633 of the Civil Code means that the lessor must provide appropriate services to everyone who contacts him on equal terms.
Analysis of the features of the rental agreement:
Based on the above definition of a rental agreement, we can conclude that the parties to it are the lessor and the tenant. The lessor can be either an individual or a legal entity, but based on the fact that the provision of rental services is a business activity, one of the most important characteristics of the lessor in this case is that he must be a business entity. In turn, such requirements do not apply to the other party, that is, the employer. An important feature of a rental agreement is its subject, namely a movable, non-consumer, individually defined thing, that is, used to satisfy everyday, non-productive needs. When concluding an agreement, it is extremely important to pay attention to its essential terms, namely: the subject matter, the fee that the employer will pay, as well as the duration of the agreement. It is important that the conditions that make up the content of the contract do not worsen the position of the tenant in comparison with that established by the standard conditions, otherwise such conditions will be considered void. Regarding such an essential condition as payment, it is determined according to the renter’s tariffs. Payment can be made either periodically or as a one-time payment. It should also be noted that if the rental period is less than 30 days, the lessee must pay the full fee for the entire period of use of the item. If the period established by the contract is longer, then payment by the tenant must be made monthly (when issuing an item - for the first month, and subsequently no later than 7 days after the end of the payment period). The tenant does not have the opportunity to conclude a sublease agreement, and is also not given a pre-emptive right to purchase an item in the event of its sale by the lessor. At the same time, if there is a need for current or major repairs of a thing that is a rental item, such repairs are obliged to be carried out by the lessor if he cannot prove that the damage to the thing occurred through the fault of the lessee. The tenant, in turn, has the right to withdraw from the contract with the simultaneous return of the rental item.
Lawyer's consultation in case of violation of the terms of the contract:
If a party to a contract is faced with a failure to fulfill contractual obligations on the part of its counterparty, then the services of a lawyer are highly desirable. The lawyer will conduct a legal analysis of the situation and advise the client on ways to protect violated rights. The implementation of pre-trial methods of conflict resolution will also be difficult in the absence of a lawyer, not to mention the judicial process. So, the legal opinion of a lawyer in the event of disputes is what will help the party to the contractual obligation to restore their rights and receive proper compensation.
