“The property of following a lease in the event of a change of landlord for the purposes of applying paragraph 1 of Article 617 of the Civil Code of the Russian Federation” — article by Tatyana Tereshchenko for the publication “Russian Justice”
Keywords: property of the lease agreement, clause 1 of Article 617 of the Civil Code of the Russian Federation, security deposit, stability of the lease agreement, bankruptcy, dishonesty of the landlord.
In the event of a change of the lessor, the lease agreement remains in force (the property of following the lease is paragraph 1 of Article 617 of the Civil Code of the Russian Federation). However, the variety of lease relations and their "complication by various circumstances" (security obligations in the form of an insurance deposit, bankruptcy, improper performance of another obligation, etc.) give rise to specific questions, to which the simply and concisely formulated rule of paragraph 1 of Article 617 of the Civil Code of the Russian Federation does not give direct answers.
For the purposes of interpreting this rule in accordance with its functional meaning, Tatiana Tereshchenko, head of the analytical department of Prime Advice, refers to the analysis of the legal positions of the Supreme Court of the Russian Federation.
Tatiana comes to the conclusions, in particular, that the meaning of paragraph 1 of Article 617 of the Civil Code of the Russian Federation is to preserve the lease agreement as the whole set of existing lease rights and obligations on the date of the change of ownership of the leased property. Any relationship between the owners of the property is outside the scope of the lease agreement and therefore cannot affect the existence and enforceability of the lessee's claims. If the security methods provided for in the contract involve the lessor receiving certain property for the lease period, then such property must follow the fate of the leased thing in the event of a change of ownership. However, the provisions of paragraph 1 of Article 617 of the Civil Code of the Russian Federation are dispositive and can be changed by agreement of the parties. This allows you to adapt the operation of the general rule to the substantive nuances of specific rental relationships.
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