“In the lease, it is important to understand what to apply: Paragraph 2 of Article 621 or Article 622 of the Civil Code. Otherwise, the statute of limitations would misled...” — Tatyana Tereshchenko for the Pravo.ru
In paragraph 26 of the Review of court practice of the SC RF №3 (2020) (approved by the Presidium of the Supreme Court on November 25, 2020) Definition of the SC RF No. 306-ЭС19-24156 is included.
Each case is a reason to add another life hack to the piggy bank of a lawyer who wants to avoid getting into such disputes.
In general, it is interesting because it demonstrates:
a) difficulties of the perception and assessment of the implementation of ordinary contractual terms (for example, lease clause 2 of Article 621 vs Article 622 of the Civil Code) and, as a result, different approaches to assessing the actual circumstances and legal consequences;
b) legal positions are applied by analogy (this itself is interesting);
c) there is a reference to the statute of limitations in the usual format a la "hodgepodge".
The essence of the dispute to determine, did the lessor from the lease agreement / objection against the use stuff after the expiration (article 622 of the Civil Code) or a rental agreement after the expiration of the term shall be renewed for an indefinite period (paragraph 2 of article 621 of the Civil Code).