THE RENT CONTRACT AND ITS IMPORTANCE COMPARED IN THE CONTEXT OF FOREIGN LEGISLATION

Аннотация

The rent contract is one of the civil law contracts that is rarely used in practice. This article explores the current relevance, application, and role of the rent contract in civil relations in comparison with the legislation of foreign countries and provides proposals for improving our legislation. Keywords: rent contract, types of rent contracts, German experience, experience of Scandinavian countries, British experience, proposals to the legislation. A rent contract is a civil-law agreement whereby one person (the rent payer) undertakes to provide lifelong or periodic material support to another person (the rent recipient). This institution plays a particularly important role in ensuring the social and economic protection of elderly or disabled individuals. At the same time, the content, form, and legal consequences of rent contracts vary from country to country. In the German legal system, the rent contract is legally regulated and covered under Chapter 18, Articles 759–761 of the Civil Code (BGB). According to this code, unless otherwise agreed by the parties, a lifelong rent payer shall make rent payments to the recipient for the duration of their life. If the parties have not specified a definite amount, the rent is determined on an annual basis. Lifelong rent is typically paid in advance. Monetary rent is paid in advance for every three months; in the case of other types of rent, the advance payment period is determined based on their nature and purpose. If the recipient is alive at the beginning of the payment period, they are entitled to receive the full amount for that period. Unless another form is required by law, contracts involving lifelong rent must be concluded in writing. However, in cases where this obligation is assumed for the purpose of providing support under family law, the contract may not be concluded in electronic form1. In the United Kingdom, although such contracts are defined in Common Law, they are almost never used in practice. Moreover, the contract is not referred to as a "rent contract" but rather as a "private life annuity agreement," 1 The Civil Code of the Republic of Germaniy - https://www.gesetze-im- internet.de/englisch_bgb/englisch_bgb.html#p4032 124 ACADEMIC RESEARCH IN MODERN SCIENCE International scientific-online conference because in English the word "rent" generally means "lease." In the Anglo-Saxon legal system, lease agreements are considered the most common type of contract and exist in many forms2. In the legislation of Scandinavian countries, rent contracts are not applied at all. Instead, different types of lease agreements are used. In Russian civil law, the rent contract is also defined from a theoretical perspective. According to the Civil Code of the Russian Federation, rent is divided into types of permanent and lifelong rent. The established rules and procedures are very close and similar to those provided in the Civil Code of the Republic of Uzbekistan3. Based on the above information, we can conclude that this type of contract is rarely applied in many countries, including our own. One of the reasons for this may be that it is a very complex and often incomprehensible type of contract. Although the rent contract resembles lease, gift, and sales contracts in form, it is distinguishable from each of them by certain elements. In a lease contract, the subject of the contract is transferred for a specific period in return for payment, and at the end of the contract the lessee must return the leased item to the lessor. In a rent contract, however, the subject for which payment is made remains with the rent payer at the end of the contract. Additionally, while lease contracts have a clearly defined term, rent contracts may not specify any exact period. Their similarity lies in the fact that in both, payments are made gradually over time rather than in a single lump sum. In a gift contract, a person voluntarily transfers any property they own to another person free of charge. In contrast, under a rent contract, this transfer occurs in return for payment, and the subject of the contract is usually not just any object but rather automobiles or immovable property. According to a sales contract, the seller transfers ownership of a product to another person in return for payment. The buyer is then obligated to pay the price of the product. In a rent contract, the full price of the property is not paid at once, and the precise value of the property—unlike in a sales contract—may be unknown. A rent contract is based more on risk. In the Civil Code, the rent contract is divided into very complex types. These include permanent rent, lifelong rent, and lifelong maintenance with the provision of a house, apartment, or part of it. In a lifelong rent contract, the rent payer makes payments for as long as the rent recipient or a person 2 Legislation.gov.uk 3 Civil Code of Federation of Russion - https://minjust.gov.ru 125 ACADEMIC RESEARCH IN MODERN SCIENCE Internati