Post-Contractual Obligations in Russian Civil Law

Abstract

The paper deals with a specific group of obligations arising in connection with the termination of lease agreements, commercial rental of residential premises and commercial concessions. This group of obligations is qualified as post-contractual obligations. The authors examine peculiarities of the origin and content of such obligations, their separation from warranty obligations, obligations arising from a preliminary contract, conditional contract. The paper elucidates debatable issues of the exercise of preferential rights by lessees, tenants and users to conclude relevant contracts for a new term. The conditions for the exercise of preferential rights and their protection in case of violation are investigated. The paper challenges the position of researchers, according to which the terms of the exercise of the pre-emptive right are suppressive, and the conclusion is justified that this term is the term of its implementation. The paper analyses the features of responsibility of landlords, lessors, and right holders in case of violation of the preferential rights of authorized persons. The authors substantiate the conclusion about the faultless nature of the responsibility of these subjects.