In this heading the question of the reader of our newspaper is answered by the leading lawyer KGAUKC Ivan Lisova.
Whether can rent restricted liability society a production building at other subject of managing, kotor
Legal consultation
The question of our reader is answered by the leading lawyer of KGA UKTs Ivan Lisova.
Whether can rent restricted liability society a production building at other subject of managing who uses this building as subrent?
V. Akimov, Evpatoria
The rent relations are regulated by the Civil code of Ukraine, and also – concerning the state-owned and municipal property – the Law of Ukraine About rent of the state-owned and municipal property from 10.04.1992.
According to Art. 774 of the Civil code (Civil Code), transfer by the employer (tenant) of a thing to using to other person (podnajm or subrent) is possible only in a consent of a naymodatel (lessor) if other isn’t established by the contract or the law. To the contract podnajma (subrent) provisions of the lease contract are applied.
The cession of property, being in subrent, the subtenant in using to the third parties on the basis of contracts podnajma (subrent) of the second order directly isn’t provided by the current legislation. But, being based on the general standards of the Civil Code – Art. 759, 761 – such contracts can consist in a consent of the owner of property, and term of their action can’t exceed period of validity of the main lease contract. The volume of the rights and duties of such subtenant in relation to object of rent also can’t exceed similar volume of the rights and duties of the tenant.