Abstract
The study is relevant, as multi-variant rental relationships are wide-spread, requiring a seamless legal definition of the key elements of the lease design. The aim is to identify and, by analogy, comprehensively develop the legal regime of problematic and atypical leases, thus strengthening the doctrinal basis for filling legal gaps in the practice of applying civil law by analogy. Combined with special technical-legal and comparative-legal methodological tools, the article applied general logical methods of analysis, synthesis, induction, deduction, comparison and generalization. This research is peculiar in that the method of analogy acted simultaneously as a means, and as an object of study. Specific gaps in the legal definition of the list and properties of present and future things and their parts as admissible lease facilities were identified; a practical idea to improve the regulatory structure of the lease arrangement was formulated. The work helps to achieve greater contractual freedom and variability of economic activity, promotes the involvement of a greater number of material goods in the property turnover, at the same time helping to unlock the potential of the analogy method in the legal regulation of economic activity.
Highlights
A lease contract is a common in practice legal structure of economic interaction, which is discussed in science
No 73 “On certain issues of practice of application of the rules of the Civil Code of the Russian Federation on the lease contract”) and the judicial acts adopted in the resolution of specific disputes, which reveals the nature of the gaps
Taking into account the results of the conducted theoretical analysis, it is proposed to improve the wording of Articles 606, 607 and 608 of the Civil Code of the Russian Federation concerning the concept of a lease contract and the range of acceptable lease facilities by means of specific legislative clarifications
Summary
A lease contract is a common in practice legal structure of economic interaction, which is discussed in science. By transferring the property to the leaseholder's temporary economic dominion, acquires a legally guaranteed opportunity to benefit (income in the form of rent) from the possession of the property, while retaining the title of its owner. The demand of the lease contract in the economic turnover determined by the need to increase the economic efficiency of the legal construction of access of several persons to the value of one facility (and the current tendency to recognize the advantages of the “sharing economy” and its corresponding temporary use of the necessary facilities instead of buying things into individual ownership (Botsman and Rogers, 2010)), predetermines the necessity to identify and eliminate gaps in the diversity of rules forming this construction. It is especially important to achieve full clarity in the legal definition of the lease facility, which constitutes core requirements to the essential condition of the lease facility contract recognized by the law
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