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Inshakova A.O., Kozlova M.Yu. The design of the lease on guard effective civil turnover of prop

A.O. Inshakova

Doctor of Juridical Sciences, Professor, Head of the Department of Civil and International Private Law (fundamental department of SSC RAS), Volgograd State University

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M.Yu. Kozlova

Candidate of Juridical Sciences, Associate Professor, Department of Civil and International Private Law (fundamental department of SSC RAS), Volgograd State University

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Abstract. The article is devoted to improving the existing legislative structure of the lease, aimed at meeting the interests of counter counterparties. The significance of the studied civil institution lease and contract is determined by its ability to secure the owner, without losing control over their property, to receive income from its use, and for the tenant to use the necessary equipment without having to buy it in the property. Through which it provides the highest efficiency in the use of the property civilian purposes. The authors investigate the essential characteristics of the lease agreement contained in its legal definition that require some detail analysis. Particular attention is given to the correctness of the authors that constitute the essential terms of the lease. Among them are the subject of the contract, the form of requirements and the need for the state registration of the lease, the term of the lease, the rent. The legal position of jurisprudence regarding the content of the lease from the point of view of maintaining the stability of the civil turnover is investigated and compared.

Key words: leases, obligations aimed at the transfer of the property, the lease agreement, the determination of the lease, property lease, the lessee (tenant), the landlord (lessor), essential terms of the lease.

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