Here you can find information on electric tealight, plumbing fitting and fireman uniform, as well as church truck and stucco netting.


The Civil Code of the Russian Federation

(with the Additions and Amendments of February 20, August 12, 1996,
October 24, 1997, July 8, December 17, 1999, April 16, May 15,
November 26, 2001, March 21, November 14, 26, 2002,
January 10, March 26, November 11, December 23, 2003)

Part II
Section IV
Chapter 34
Lease
_ 1.
General Provisions on Lease
_ 2.
Hire
_ 3.
Lease of Transport Vehicles
__ 1.
Lease of a Transport Vehicle with the Provision of Services for Driving and Technical Operation
__ 2.
The Lease of a Transport Vehicle Without Driving and Technical Operation Services
_ 4.
The Lease of Buildings and Structures
_ 5.
The Lease of Enterprises
_ 6.
Financial Lease (Leasing)

Chapter 34. Lease

_ 1. General Provisions on Lease


Article 606. Lease Agreement


Under the lease agreement (contract for lease of property) the lessor shall undertake to furnish to the leaseholder (hirer) property for charge in temporary possession and use or in temporary use.
Fruit, produce and income received by the leaseholder as a result of leased property in keeping with the agreement shall be his property.

Article 607. Objects of Lease


1. Land plots and other separate natural objects, enterprises and other property complexes, buildings, structures, equipment, transport vehicles and other things, which do not forfeit their natural properties in the process of their use (non-consumed things) may be let on lease. The law may institute types of property which cannot be let on lease or can be leased with restriction.
2. The law may establish specific aspects of the lease of land plots and other separate natural objects.
3. The lease agreement shall indicate data that make it possible to ascertain definitely property subject to the transfer to the leaseholder as an object of lease. In the absence of these data in the agreement the clause on the object subject to lease shall be deemed to not agreed upon by the parties, and the appropriate agreement shall not be regarded as concluded.

Article 608. Lessor


The right of leasing property shall belong to its owner. Lessors may also be represented by the persons who are authorized by law or by the owner to let property on lease.

Article 609. The Form and State Registration of the Lease Agreement


1. The lease agreement for a term of over one year shall be concluded in writing, and if at least one of the party is represented by a legal entity the lease agreement shall be concluded in writing, regardless of its term.
2. The agreement for lease of real estate shall be subject to state registration, unless otherwise stipulated by law.
3. The agreement for lease of property that provides for the transfer of the title to this property to the leaseholder (Article 624) shall be concluded in the form stipulated for the contract of sale of such property.

Article 610. The Validity Term of the Lease Agreement


1. The lease agreement shall be concluded for a term to be defined by the agreement.
2. If the period of lease is not defined by the agreement, the lease agreement shall be deemed to be concluded for an indefinite period. In this case, each party shall have the right to recede at any time from the agreement by warning the other party one month before schedule and in case of real estate lease - three months before schedule. The law may fix a different period for warning that the lease agreement, concluded for an indefinite term, ceases to be valid.
3. The law may provide for a maximum period (deadline) of the agreement for particular types of lease, and also for the lease of particular types of property. In these cases, if the term of the lease is not fixed by the agreement and neither party has receded from it before the expiry of the maximum period, fixed by the law, the agreement shall cease to operate upon the expiry of the deadline. The lease agreement concluded for a term exceeding the statutory maximum period shall be deemed to be concluded for a term equal to the time-limit.

Article 611. The Supply of Property to the Leaseholder


1. The lessor shall be obliged to supply property to the leaseholder in the state meeting the terms and conditions of the lease agreement and the purpose of property.
2. Property shall be let on lease together with all its accessories and related documents (technical certificate, quality certificate, etc.), unless otherwise stipulated by the agreement. If such accessories and documents have not been handed over, the leaseholder may not use property in accordance with its designation or is largely deprived of those assets on which he had the right to count when he concluded the agreement and he may claim for the supply of such accessories and documents by the lessor or for the cancellation of the agreement, and also for compensation of losses.
3. If the lessor has failed to furnish to the leaseholder the leased property within the period fixed in the agreement or within the reasonable period when the agreement does not indicate such period, the leaseholder shall have the right to reclaim this property from him in keeping with Article 398 of this Code and claim damages caused by delayed execution or to demand the dissolution of the agreement and to claim damages caused by its non-execution.

Article 612. The Liability of the Lessor for Defects of the Leased Property


1. The lessor shall be answerable for the defects of leased property which prevent in full or in part to its use, if even during the conclusion of the contract he did not know about these defects. In case of discovery of such defects the leaseholder shall have the right at his option:
the demand that the lessor should either remove free of charge the defects of property or reduce proportionately the rental payment, or indemnify his expenses on the removal of the defects of property;
to deduct directly the sum of the expenses incurred in the removal of these defects from the rental payment by notifying the lessor about this in advance;
to demand the anticipatory dissolution of the contract.
The lessor, who is notified about the leaseholder's claims or about his intention to eliminate the defects of property at the expense of the lessor, may replace without delay the property granted to the leaseholder by other similar property in a proper state or remove its defects free of charge.
If the satisfaction of the leaseholder's claims or the deduction by him of the expenses on the removal of the defects from the rental payment does not cover the losses caused to the leaseholder, he shall have the right to demand the reparation of the uncovered part of the losses.
2. The lessor shall not be liable for the defects of the leased property which have been specified by him during the conclusion of the lease agreement or had been known to the leaseholder beforehand or should have been discovered by the leaseholder during the inspection of the property or the verification of its good condition during the conclusion of the agreement or the granting of property on lease.

Article 613. The Rights of Third Parties to the Leased Property


The lease of property shall not be a ground for the termination or charge of the rights of third parties to this property.
During the conclusion of a lease agreement the lessor shall be obliged to warn the leaseholder about all the rights of third parties to the leased property (servitude, right of pledge, etc.). Default by the lessor on this duty shall entitle the leaseholder to demand a reduction in the rental payment or to dissolve the agreement and compensate for the losses.

Article 614. Rental Payment


1. The leaseholder shall be obliged to make a charge for the use of property (rental payment) in due time. Procedure, conditions and terms of making the rental payment shall be determined by the lease agreement. In case where the agreement does not determine the procedure, conditions and terms of making the rental payment, it shall be held that the procedure, conditions and terms are usually applied in the lease of similar property under comparable circumstances.
2. The rental payment shall be introduced for the leased property as a while or for each component in the form: 1) the fixed sum of payments made periodically or in a lump;
2) the established share of products, fruits or incomes obtained as a result of the use of leased property;
3) definite services rendered by the leaseholder;
4) the transfer by the leaseholder to the lessor of the thing specified by the contract for ownership or lease;
5) the payment by the leaseholder of the costs stipulated by the agreement for the improvement of leased property.
In the lease agreement the parties thereto may provide for the combination of said forms of the rental payment or for other forms of lease payment.
3. Unless otherwise stipulated by the agreement, the amount of the rental payment may be changed by agreement of the parties in the periods, provided for by the agreement, but at least once in a year. The law may envisage other minimum terms of the review of the amount of the rental payment for particular types of lease, and also for the lease of particular types of property.
4. Unless the law provides for otherwise, the leaseholder shall have the right to demand a corresponding reduction of the rental payment, if in view of the circumstances for which he is not answerable, the conditions of the use, specified by the lease agreement, or the state of property have deteriorated substantially.
5. Unless otherwise stipulated by the lease agreement, in case the leaseholder has substantially violated the terms of making the rental payment, the lessor shall have the right to demand that he should make the rental payment short of the term in the period fixed by the lessor. In this case. the lessor shall not have the right to demand an anticipatory payment of the rental for more than two terms in succession.

Article 615. The Use of Leased Property


1. The leaseholder shall be obliged to make use of leased property in accordance with the terms and conditions of the lease agreement, and if such terms and conditions in the agreement have not been defined, in accordance with the purpose of property.
2. The leaseholder shall have the right to let the leased property in sub-tenancy with the consent of the lessor and to transfer his rights and duties under the lease agreement to another person (transfer of lease), to place the leased property in gratuitous use, and also to put the leasehold interests in pledge and to introduce them as a contribution to the authorized capital of economic partnerships and societies or as a share to the producer cooperative, unless otherwise stipulated by this Code, other law or other legal acts. In said cases, with the exception of the transfer of lease, the leaseholder shall remain to be liable under the agreement to the lessor. A sublease contract may not be concluded for the term exceeding the term of the lease agreement.
The rules for lease agreements shall be applied to the sublease contracts, unless otherwise stipulated by the law or other legal acts.
3. If the leaseholder makes use of property out of accordance with the terms and conditions of the lease agreement and the purpose of property, the lessor shall have the right to demand the dissolution of the agreement and claim damages.

Article 616. The Duty of the Parties to Maintain Leased Property


1. The lessor shall be obliged to carry out the overhaul of leased property at his expense, unless otherwise stipulated by the law, other legal acts or the lease agreement. An overhaul shall be carried out on time, fixed by the agreement, and if it is not provided for by the agreement or is caused by urgent necessity, it shall be carried out within the reasonable period.
The breach by the lessor of the duty of making an overhaul shall entitle the leaseholder to implement the following measures at his option:
to carry out the overhaul, specified by the agreement or caused by urgent necessity and to exact from the lessor the cost of the overhaul or to count towards the rental payment;
to demand a corresponding reduction of the rental payment;
to demand the dissolution of the agreement and to claim damages.
2. The leaseholder shall be obliged to maintain property in good condition, to carry out an overhaul at his own expense and incur expenses on the maintenance of property, unless otherwise stipulated by the law or the lease agreement.

Article 617. The Preservation of the Lease Agreement in Force in Case of the Change of the Parties Thereto


1. The transfer of the right of ownership (economic management, operative management, life inheritable possession) of leased property to another person shall not be a ground for the alteration or dissolution of the lease agreement.
2. In case of death of the individual who leases real estate, his rights and duties shall pass to the heir under the lease agreement, unless otherwise stipulated by the law or the agreement. The lessor shall have no right to refuse such heir to enter in the agreement for the remaining term of its validity, except for the case when its conclusion was conditioned by the leaseholder's personal qualities.

Article 618. The Termination of the Sublease Contract in Case of the Anticipatory Cessation of the Lease Agreement


1. Unless otherwise stipulated by the lease agreement, the anticipatory cessation of the lease agreement shall involve the termination of the sublease contract concluded in accordance with the agreement. In this case the subleaseholder shall have the right to conclude a lease agreement on the property used by him in keeping with the sublease contract within the remaining period of sublease on the terms and conditions that correspond to those of the ceased lease agreement.
2. If the lease agreement is null and void on the grounds, provided for by this Code, the sublease contract concluded in conformity with it shall also be null and void.

Article 619. Early Rescission of the Lease Agreement on Demand of the Lessor


At the request of the lessor the lease agreement may be dissolved by a court of law short of the term in cases when the leaseholder:
1) makes use of property with the substantial violation of the terms and conditions of the agreement or of the purpose of property, or with repeated breaches;
2) substantially deteriorates property;
3) fails to make a rental payment for more than two times in succession upon the expiry of the payment date, fixed by the agreement;
4) fails to carry out an overhaul of property in the time-limits fixed by the lease agreement, and in the absence of them in the agreement within reasonable periods in cases where in conformity with the law, other legal acts or the agreement the overhaul is the duty of the leaseholder.
The lease agreement may provide for other grounds of the anticipatory dissolution of the agreement on the demand of the lessor in compliance with Item 2 of Article 450 of this Code.
The lessor shall have the right to demand that the agreement be dissolved short of the term only after the sending to the leaseholder a written warning about the need to execute the obligation by him within the reasonable period of time.

Article 620. The Anticipatory Dissolution of the Lease Agreement on the Demand of the Leaseholder


At the request of the leaseholder the lease agreement may be dissolved short of the term by a court of law in cases when:
1) the lessor fails to grant property for use by the leaseholder or creates impediments to the use of property in keeping with the terms and conditions of the agreement or the purpose of property;
2) the property transferred to the leaseholder has the defects which prevent its use and which have not been specified by the lessor during the conclusion of the agreement, have not been known to the leaseholder in advance and should not have been discovered by the leaseholder during the inspection of the property or the verification of its serviceability at the time of the conclusion of the agreement;
3) the lessor does not carry out the duty of effecting major repairs of property within the time-limits fixed by the lease agreement and in their absence - within the reasonable period of time;
4) property proves to be in a faulty condition in view of the circumstances beyond the control of the leaseholder.
The lease agreement may also institute other grounds for the anticipatory dissolution of the agreement on the demand of the leaseholder in keeping with Item 2 of Article 450 of this Code.

Article 621. The Leaseholder's Preferential Right to Conclude a Lease Agreement for a New Term


1. Unless otherwise stipulated by the law or the lease agreement, the leaseholder who discharged his duties properly shall have, with other things being equal, the right of preference to other persons to the conclusion of a lease agreement for a new term upon the expiry of the validity term of the agreement. The leaseholder shall be obliged to inform in writing the lessor about his desire to conclude such agreement, and if the agreement does not indicate such time - within the reasonable period before the expiry of the validity term of the agreement. With the conclusion of a lease agreement for a new period the terms and conditions of the agreement may be changed by agreement between the parties thereto.
If the lessor has denied the leaseholder the conclusion of an agreement for a new term, but has concluded the lease agreement with another person during one year since the day of the expiry of the validity term of the agreement, the leaseholder shall have the right at his option to demand in court the transfer of the rights and duties under the concluded agreement to himself and the reparation of the losses, caused by the refusal to resume the lease agreement with him, or the reparation of such losses alone.
2. If the leaseholder continues to make use of property after the expiry of the validity term of the agreement in the absence of objections on the part of the lessor, the agreement shall be deemed to be resumed on the same conditions for an indefinite period of time (Article 610).

Article 622. The Return of Leased Property to the Lessor


With the termination of the lease agreement the leaseholder shall be obliged to return to the lessor in the same condition in which he received it with an allowance for normal wear and tear or in the condition specified by the agreement.
If the leaseholder has failed to return leased property or returned it untimely, the lessor shall have the right to demand that the rental payment be made during all the time of its delay. In case of where the said payment does not cover the losses caused to the lessor, the leaseholder may claim damages.
In case where a penalty is provided for the untimely return of leased property, losses may be recovered in full measure over and above the penalty, unless otherwise stipulated by the agreement.

Article 623. Improvements of Leased Property


1. Separable improvements of leased property made by the leaseholder shall be his property, unless otherwise stipulated by the lease agreement.
2. In case where the leaseholder has made the improvements in leased property, which are not separable without detriment to this property, at the expense of his own pecuniary means and with the consent of the lessor, the leaseholder shall have the right to the replacement of the value of these improvements after the termination of the agreement, unless otherwise stipulated by the lease agreement.
3. The value of inseparable improvements of leased property made by the leaseholder without the lessor's consent shall be subject to reparation, unless otherwise stipulated by the law.
4. Improvements in leased property, both separable and unseparable, made at the expense of depreciation deductions from this property shall be the property of the leaseholder.

Article 624. Redemption of Leased Property


1. The law or the lease agreement may stipulate that leased property is to be passed into the hands of the leaseholder upon the expiry of the period of lease or before its expiry, provided that the leaseholder has paid the entire redemption price, specified by the agreement.
2. If the lease agreement does not provide for the clause on the redemption of leased property, it may be introduced by the additional agreement of the parties, which have the right to come to an agreement on the reckoning of the earlier paid rental in the redemption price.
3. The law may specify cases of banning the redemption of leased property.

Article 625. Specific Aspects of Particular Types of Lease and Lease of Particular Kinds of Property


Provisions stipulated by this paragraph shall be applicable to particular types of the lease agreement and the agreement of lease of particular kinds of property (hire, lease of transport vehicles, rent of buildings and structures, rent of enterprises, financial lease), unless otherwise stipulated by the rules of this Code on these agreements.

_ 2. Hire


Article 626. The Hire Contract


1. Under the hire contract the lessor who lets property on lease as permanent business shall undertake to grant to the leaseholder movable property for charge in temporary possession and use. Property given under the hire contract shall be used for consumer purposes, unless otherwise stipulated by the contract or unless the contrary follows from the substance of the obligation.
2. The hire contract shall be concluded in writing.
3. The hire contract shall be a public agreement (Article 426).

Article 627. The Term of the Hire Contract


1. The hire contract shall be concluded for a term of one year.
2. The rules for the renewal of the lease agreement for an indefinite period and for the preferential right of the leaseholder to renew the lease agreement (Article 621) shall not be applicable to the hire contract.
3. The leaseholder shall have the right to abandon the hire contract at any time by warning the lessor in writing about his intention within ten days.

Article 628. The Granting of Property to the Leaseholder


The lessor who concludes the hire contract shall be obliged to verify the serviceability of leased property in the presence of the leaseholder, and also to acquaint the leaseholder with the rules of using property or to issue to him written instructions on the use of this property.

Article 629. Removal of Defects of Leased Property


1. In case of discovery by the leaseholder of defects in leased property that wholly or partially prevent its use, the lessor shall be obliged, within 10 days since the day of the leaseholder's statement on defects, unless the hire contract provides for a shorter period, to remove free of charge the defects of property on the spot or to replace this property for other similar property held in proper condition.
2. If the defects of leased property have resulted from the breach by the leaseholder of the rules of the operation and maintenance of property, the leaseholder shall pay to the lessor the cost of repairs and transportation of property.

Article 630. Rental Payment Under the Hire Contract


1. A rental payment under the hire contract shall be fixed in definite payments made periodically or in the lump.
2. If the leaseholder returns property short of the term, the lessor shall return to him the corresponding part of the received rental payment, reckoning it since the day succeeding the day of the actual return of property.
3. Recovery of rental payment arrears from the leaseholder shall be effected in the extra-judicial order on the basis of the notary's endorsement of execution.

Article 631. The Use of Leased Property


1. Major and current repairs of property leased under the hire contract shall be the duty of the lessor.
2. The sub-lease of the property granted to the leaseholder under the hire contract, the transfer by him of his rights and duties under the hire contract to another person, the provision of this property for gratuitous use, the pledge of lease rights and their contribution as a property share to economic partnerships and companies or as a share to producer cooperatives shall not be allowed.

_ 3. Lease of Transport Vehicles


__ 1. Lease of a Transport Vehicle with the Provision of Services for Driving and Technical Operation


Article 632. The Agreement of Lease of a Transport Vehicle with Its Crew


Under the agreement of lease (chartering for a time) of a transport vehicle with its crew the lessor shall grant to the leaseholder a transport vehicle for charge in temporary possession and use and shall render the services for driving it and technical operation.
The rules for the renewal of the lease agreement for an indefinite period and for the preferential right of the leaseholder to the conclusion of a lease agreement for a new period (Article 621) shall not be applicable to the lease agreement of a transport vehicle with its crew.

Article 633. The Form of the Agreement of Lease of a Transport Vehicle with Its Crew


The agreement of lease of a transport vehicle with its crew shall be concluded in writing, regardless of its validity term. The rules for the registration of lease agreements, provided for by Item 2 of Article 609 of this Code, shall not be applicable to such agreement.

Article 634. The Duty of the Lessor to Maintain a Transport Vehicle


During the entire validity term of the agreement of lease of a transport vehicle with its crew the lessor shall be obliged to maintain the proper condition of the leased transport vehicle, including minor and major repairs and the provision of requisite accessories.

Article 635. The Duty of the Lessor to Drive and Operate a Transport Vehicle


1. The services of driving and operating a transport vehicle granted by the lessor to the leaseholder shall provide for its normal and safe operation in keeping with the purposes of lease specified in the agreement. The agreement of lease of a transport vehicle with its crew may envisage a wider range of services offered to the leaseholder.
2. The crew of a transport vehicle and the skill of its members shall comply with the rules obligatory for the parties, the terms and conditions of the agreement, and if such requirements have not been established by those mandatory rules, the crew and the skill of its members shall comply with the requirements of the usual practice of the operation of the transport vehicle of this type and with the terms and conditions of the agreement. The crew members shall be the workers of the lessor. They shall be subordinate to the lessor's orders dealing with driving and technical operation and to the leaseholder's order dealing with the commercial exploitation of the transport vehicle.
Unless the lease agreement provides otherwise, the expenses on the payment for the services of the crew members, and also the expenses incurred in their maintenance shall be borne by the lessor.

Article 636. The Duty of the Leaseholder to Pay Expenses Incurred in the Commercial Exploitation of a Transport Vehicle


Unless otherwise stipulated by the agreement of lease of a transport vehicle with its crew, the leaseholder shall bear the expenses incurred in the commercial exploitation of a transport vehicle, including the expenses on the payment for fuel and other materials spent during this exploitation and on the payment of fees.

Article 637. Insurance of a Transport Vehicle


Unless otherwise stipulated by the agreement of lease of a transport vehicle with its crew, the duty of insuring the transport vehicle and/or insuring the liability for the damage which can be caused by it or in connection with its operation shall be vested with the leaseholder in those cases where such insurance is obligatory by virtue of the law or the agreement.

Article 638. Agreements with Third Parties on the Use of a Transport Vehicle


1. Unless otherwise stipulated by the agreement of lease of a transport vehicle with its crew, the leaseholder shall be obliged to sublease the transport vehicle without the lessor's consent.
2. Within the framework of the commercial exploitation of a leased transport vehicle the leaseholder shall have the right to conclude on his own behalf contracts of carriage and other contracts with third parties without the lessor's consent, unless these contracts contradict the purposes of the use of the transport vehicle, indicated in the lease agreement, and if such purposes have not been set, unless these contracts contradict the designation of the transport vehicle.

Article 639. Liability for the Harm Caused to a Transport Vehicle


In case of the destruction of or damage to the leased transport vehicle the leaseholder shall be obliged to compensate to the lessor for the losses caused, if the latter proves that the destruction of or the damage to the transport vehicle have taken place due to the circumstances for which the leaseholder is answerable in keeping with the law or the lease agreement.

Article 640. Liability for the Harm Caused by a Transport Vehicle


The liability for the harm, caused to third persons by the leased transport vehicle, its mechanisms, devices, equipment, shall be borne by the leaseholder in keeping with the rules, envisaged by Chapter 59 of this Code. He shall have the right to have recourse against the leaseholder concerning the reimbursement of the sums of money paid to third persons, if he proves that the harm has been caused through the fault of the leaseholder.

Article 641. Specific Aspects of Transport Vehicles of Particular Types


The transport charters and codes may provide for the lease of transport vehicles of particular types and the provision of driving and technical operation services with their specific aspects other than those specified by this paragraph.

__ 2. The Lease of a Transport Vehicle Without Driving and Technical Operation Services


Article 642. The Agreement of Lease of a Transport Vehicle without a Crew


Under the agreement of lease of a transport vehicle without a crew the lessor shall give to the leaseholder the transport vehicle for charge in his temporary possession and use without rendering the driving and technical operation services.
The rules for the renewal of the lease agreement for an indefinite period and for the preferential right of the leaseholder to conclude the lease agreement for a new period (Article 621) shall not be applicable to the agreement of lease of a transport vehicle without a crew.

Article 643. The Form of the Agreement of Lease of a Transport Vehicle Without a Crew


The agreement of lease of a transport vehicle without a crew shall be concluded in writing, regardless of its validity term. The rules for the registration of lease agreements, envisaged by Item 2 of Article 609 of this Code, shall not be applied to such agreement.

Article 644. The Lessor's Duty of Maintaining a Transport Vehicle


During the entire validity term of the agreement of lease of a transport vehicle without a crew the leaseholder shall be obliged to support the proper condition of the leased transport vehicle, including to carry on minor and major repairs.

Article 645. The Leaseholder's Duty of Driving a Transport Vehicle and Operating It


The leaseholder shall drive the leased transport vehicle on his own and carry out its commercial exploitation and technical operation.

Article 646. The Leaseholder's Duty of Paying the Expenses Incurred in the Maintenance of a Transport Vehicle


Unless otherwise stipulated by the agreement of lease of a transport vehicle without a crew, the leaseholder shall bear expenses on the maintenance of the leased transport vehicle and its insurance, including the insurance of his liability, and also expenses arising from its operation.

Article 647. Contracts with Third Persons on the Use of a Transport Vehicle


1. Unless otherwise stipulated by the agreement of lease of a transport vehicle without a crew, the leaseholder shall have the right to sublease the leased transport vehicle without the lessor's consent on the terms and conditions of the agreement of lease of the transport vehicle with the crew or without it.
2. The leaseholder shall have the right, on his behalf and without the lessor's consent, to conclude contracts of carriage and other contracts with third persons, unless these contracts contradict the purposes of the use of the transport vehicle, indicated in the lease agreement, and if such purposes have not been set, unless these contracts contradict the designation of the transport vehicle.

Article 648. Liability for the Harm Inflicted by a Transport Vehicle


The liability for the harm caused to third persons by a transport vehicle, its mechanisms, devices and equipment shall be borne by the leaseholder in keeping with the rules of Chapter 59 of this Code.

Article 649. Specific Aspects of the Lease of Transport Vehicles of Particular Types


The transport charters and codes may provide for the lease of transport vehicles of particular types without the provision of driving and technical operation services with their specific aspects other than those specified by this paragraph.

_ 4. The Lease of Buildings and Structures


Article 650. The Contract of Lease of a Building or Structure


1. Under the contract of lease of a building or structure the lessor shall undertake to transfer to the leaseholder a building or a structure in temporary possession or use in temporary use.
2. The rules of this paragraph shall be applied to the lease of enterprises, unless otherwise stipulated by the rules of this Code for the lease of enterprises.

Article 651. The Form and State Registration of the Contract of Lease of a Building or Structure


1. A contract of lease of a building or structure shall be concluded in writing by drawing up one document to be signed by the parties thereto (Item 2 of Article 434). Non-observance of the form of the contract of lease of a building or structure shall invalidate it.
2. The contract of lease of a building or structure, concluded for a term of not less than a year, shall be subject to state registration and shall be deemed to be concluded since the time of such registration.

Article 652. The Rights to the Land Plot with the Leased Building or Structure


1. Under the contract of lease of a building or structure the leaseholder shall receive together with the rights of possession and use of such tenement the right to that part of the land plot which is occupied by this treatment and which is needed for its use.
2. In cases where the lessor is the owner of the land plot with the leased building or structure situated on it the leaseholder shall receive the right of lease of the building or structure, to the appropriate part of the land plot. If the contract does not specify the right to the corresponding land plot to be transferred to the leaseholder, he shall receive for the term of the lease of the building or structure the right of use of that part of the land plot which is occupied by the building or the structure and is needed for its use in accordance with its purpose.
3. The lease of the building or structure situated on the land plot that does not belong to the lessor by right of ownership shall be allowed without the consent of the owner of this plot, unless this runs counter to the terms of the use of such plot, established by the law or the contract concluded with the owner of the land plot.

Article 653. The Preservation by the Tenant of the Building or Structure of the Use of the Land Plot in Case of Its Sale


In cases where the land plot with the leased building or structure situated on it is sold to another person, the leaseholder of this building or structure shall retain the right of use of the part of the land plot, which is occupied by the building or structure and which is needed for its use, on the terms that were in effect before the sale of the land plot.

Article 654. The Amount of the Rental Payment


1. The contract of lease of a building or structure shall provide for the amount of the rental payment. In the absence of the proviso on the amount of the rental payment, agreed upon by the parties thereto in writing, the contract of lease of a building or structure shall be deemed to be non-concluded. In this case the rules for determining the price, stipulated by Item 3 of Article 424 of this Code, shall not be applied.
2. The charge for the use of the building or structure, fixed in the contract of lease of the building or structure, shall include the charge for the use of the land plot on which it is situated or for the corresponding part of the land plot transferred together with the building or structure, unless otherwise stipulated by the law or the contract.
3. In cases where the charge for the lease of the building or structure is fixed in the contract per unit of the square of the building (structure) or another index of its size, the rental payment shall be determined on the basis of the actual size of the building or structure transferred to the leaseholder.

Article 655. The Transfer of the Building or Structure


1. The building or structure shall be transferred by the lessor and accepted by the leaseholder on the strength of the deed of conveyance or another document to be signed by the parties. Unless otherwise stipulated by the law or the contract of lease of a building or structure, the obligation of the lessor to transfer the building or structure shall be deemed to be executed after it is given to the leaseholder in possession or use and after the parties have signed the respective document.
The evasion by one of the parties from signing the document on the transfer of the building or structure on the conditions stipulated by the contract shall be regarded as a refusal of the lessor from the discharge of the obligation of transferring the property, and of the leaseholder from the acceptance of this property.
2. With the termination of the contract of lease of a building or structure the leased building or structure shall be returned to the lessor with the observance of the rules, provided for by Item 1 of this Article.

_ 5. The Lease of Enterprises


Article 656. The Contract of Lease of the Enterprise


1. Under the contract of lease of the enterprise as a property complex to be used for business the lessor shall undertake to grant to the leaseholder for charge in temporary possession and use land plots, buildings, structures, equipment and other fixed assets included in the enterprise, to transfer in the order, on the terms and within the limits of the contract the stocks of raw materials, fuel, auxiliary materials and other current assets, the rights of using land, water and other natural resources, buildings, structures and equipment, other property rights of the lessor related to the enterprise, the rights to the signs which individualize the performance of the enterprise, and other exclusive rights, and also to cede to him the rights of claims and to transfer to him the debts of the enterprise. The transfer of the rights of possession and use of the assets held in the ownership of other persons, including land and other natural resources, shall be effected in the order, provided for by the law and other legal acts.
2. The rights of the lessor, received by him on the basis of the permit (license) for the engagement in the respective activity, shall not be transferred to the leaseholder, unless otherwise stipulated by the law or other legal acts. The inclusion in the composition of the enterprise to be transferred under the contract of the obligations which the leaseholder is unable to execute in the absence of such permit (license) shall not release the lessor from the corresponding obligations to creditors.

Article 657. The Rights of Creditors in Case of the Lease of an Enterprise


1. Under the obligations included in the composition of the enterprise the creditors shall be notified in writing by the lessor about the lease of the enterprise before it is transferred to the leaseholder.
2. The creditor who has failed to inform the lessor in writing about his consent to transfer the debt shall have the right to demand the termination or the anticipatory execution of the obligation and the compensation for the losses caused by this during three months since the day of receipt of the notice of the lease of the enterprise.
3. The creditor who has not been notified about the lease of the enterprise in the procedure, envisaged by Item 1 of this Article, may bring an action about the satisfaction of the claims, stipulated by Item 2 of this Article, during one year since the day when he has known or should have known about the lease of the enterprise.
4. After the lease of the enterprise the lessor and the leaseholder shall bear joint and several liability for the debts, which have been included in the leased enterprise and which have been transferred to the leaseholder without the creditor's consent.

Article 658. The Form and State Registration of the Contract of Lease of an Enterprise


1. The contract of lease of an enterprise shall be concluded in writing by drawing up one document to be signed by the parties thereto (Item 2 of Article 434).
2. The contract of lease of an enterprise shall be subject to state registration and shall be deemed to be concluded since the time of such registration.
3. Non-observance of the form of the contract of lease of an enterprise shall invalidate it.

Article 659. The Transfer of the Leased Enterprise


The enterprise shall be transferred to the leaseholder under the deed of conveyance.
It shall be the duty of the lessor to prepare the enterprise for its transfer, to draw up and submit the deed of conveyance for signing. These operations shall be carried out at his expense, unless otherwise stipulated by the contract of lease of the enterprise.

Article 660. The Use of the Property of the Leased Enterprise


Unless otherwise stipulated by the contract of lease of an enterprise, the leaseholder shall have the right, without the lessor's consent, to sell, exchange, grant for temporary use or lend out material values that form part of the property of the leased enterprise, to sublease them and to transfer his rights and duties under the contract of lease in respect of such values to another person, provided that his does not involve the reduction of the cost of the enterprise and does not violate the other provisions of the contract of the lease of the enterprise. The said procedure shall not be applied to land and other natural resources, and also in other cases envisaged by the law.
Unless otherwise stipulated by the contract of lease of the enterprise, the leaseholder shall have the right, without the lessor's consent, to introduce changes to the composition of the leased property complex, to carry out its reconstruction, expansion, and technical re-equipment that increases its cost.

Article 661. The Leaseholder's Duties of Maintaining the Enterprise and Disbursing Expenses on Its Operation


1. During the entire validity term of the contract of lease of the enterprise the leaseholder shall be obliged to maintain the enterprise in proper technical condition, and also to carry out its current and major repairs.
2. The leaseholder shall bear the expenses incurred in the operation of the leased enterprise, unless otherwise stipulated by the contract, and also in the payment for the insurance of the leased property.

Article 662. The Introduction of Improvements to the Leased Enterprise by the Leaseholder


The leaseholder of an enterprise shall have the right to the compensation to him of the cost of inseparable improvements in the leased property, regardless of the permission of the lessor for such improvements, unless otherwise stipulated by the contract of lease of the enterprise.
The lessor may be dispensed by the court from the duty of compensating to the leaseholder the cost of such improvements, if he proves that the leaseholder's outlays on these improvements increase the cost of the leased property in disproportion to the improvement of its quality and/or operation properties or in case of such improvements the principles of conscientiousness and reasonableness have been breached.

Article 663. The Application of the Rules for the Consequences of the Invalidity of Transactions and for the Alteration and Dissolution of Contracts to the Contract of Lease of the Enterprise


The rules of this Code for the consequences of the invalidity of transactions and for the alteration and dissolution of the contract, which provide for the return or recovery in kind of the received payment under the contract from one party or from both parties, shall be applicable to the contract of lease of the enterprise, unless such consequences violate substantially the rights and law-protected interests of the creditors of the lessor and the leaseholder and other persons and unless they run counter to public interests.

Article 664. The Return of the Leased Enterprise


With the termination of the contract of lease of the enterprise the leased property complex shall be returned to the lessor with the observance of the rules, provided for by Articles 656, 657 and 659 of this Code. In this case the preparation of the enterprise for the transfer to the lessor, including the drawing up and submission of a deed of conveyance for signing shall be the duty of the leaseholder and shall be effected at his expense, unless otherwise stipulated by the contract.

_ 6. Financial Lease (Leasing)


Article 665. The Contract of Financial Lease


Under the contract of financial lease (leasing contract) the lessor shall undertake to acquire the property indicated by the leaseholder from the seller specified by him and to grant to the leaseholder this contract for charge in temporary possession and use for business purposes. In this case the lessor shall bear no responsibility for the choice of a subject of the lease and of a seller.
The contract of financial lease may provide for making the choice of a seller and acquired property by the lessor.

Article 666. The Subject of the Contract of Financial Lease


Any non-consumed things used in business, except for land plots and other natural objects may be the subject of the contract of financial lease.

Article 667. The Notification of the Seller about the Lease of Property


The lessor who acquires property for the leaseholder shall notify the seller that this property is intended for its lease by a definite person.

Article 668. The Transfer of the Subject of the Contract of Financial Lease to the Leaseholder


1. Unless otherwise stipulated by the contract of financial lease, the property which is the subject of this contract shall be transferred by the seller directly the leaseholder in the place of location of the latter.
2. In case where property, being the subject of the contract of financial lease, is not transferred to the leaseholder in the period fixed in the contract or in the reasonable period, if the contract does not fix such date, the leaseholder shall have the right to demand the dissolution of the contract and claim damages, if delay was caused by the circumstances beyond the contract of the lessor.

Article 669. The Transfer of the Risk of Accidental Destruction of, or Accidental Damage to, Property to the Leaseholder


The risk of accidental destruction of, or accidental damage to, the leased property shall pass to the leaseholder at the time of the transfer of the leased property to him, unless otherwise stipulated by the contract of financial lease.

Article 670. Liability of the Seller


1. The leaseholder shall have the right to place directly to the seller of the property, which is the subject of the contract of financial lease, the claims, following from the contract of sale, concluded between the seller and the lessor, for the quality and completeness of the property, the terms of its delivery and in other cases of the improper performance of the contract by the seller. In this case the leaseholder shall have the rights and bear the duties, provided for by this Code for the buyer, except for the duty of paying for the acquired property, as if he was a party to the contract of sale of said property. However the leaseholder may not dissolve the contract of sale with the seller without the lessor's consent. In their relations with the seller the leaseholder and the lessor act as joint and several creditors (Article 326).
2. Unless otherwise stipulated by the contract of financial lease, the lessor shall not be liable to the leaseholder for the fulfilment by the seller of the claims following from the contract of sale, except in cases where the responsibility for the choice of a seller rests with the lessor. In the latter case the leaseholder shall have the right at his own option to make claims following from the contract of sale, both directly to the seller of property and to the lessor, who bear joint and several liability.

<< back forward >>
Content

Copyright © 2000 Open LLC

Page protected by COPYSCAPE do not copy
Please do not ever copy any of our content to a public Web server. Link to this pages instead. We guarantee not to break any of your links. The problem with you putting a page on your server is that the search engines will find it and send our readers to your server instead. Thus they will be deprived of our latest content and service innovations.

Our other sites:

The Customs Code of the Russian Federation
The Criminal Code of the Russian Federation
The Tax Code of the Russian Federation
The Civil Code of the Russian Federation
The Code of Administrative Offences of the Russian Federation
The Customs Tariff of the Russian Federation

eXTReMe Tracker