To date, a situation often happens when the date of state registration of a land lease agreement does not coincide with the date of signing the document itself. For the most part, this was due to the imperfect system of registration of land lease agreements by January 1, 2013. Unfortunately, the current legislation does not provide a clear answer to this question. In this connection, more landlords began to appeal to the court to protect their rights and recognize land lease agreements suspended.

 

Part one of Article 638 of the Civil Code of Ukraine provides that the contract is concluded if the parties in the proper form have reached agreement on all essential terms of the contract. Significant conditions of the contract are the conditions for the subject of the contract, the conditions specified by the law as essential or necessary for the contracts of this type, as well as all those conditions on which at the request of at least one of the parties must reach agreement.

The lawyer is subject to state registration only in cases established by law. Such a transaction has been made since its state registration (part one of Article 210 of the Civil Code of Ukraine).

According to the provisions of Articles 18, 20 of the Law of Ukraine "On Land Lease" (in the wording which was in force at the time of the conclusion of the lease agreement), a land lease agreement is subject to state registration; the land lease agreement enters into force after its state registration. Consequently, the term of the lease agreement of the land begins after its entry into force, and not from the moment of its conclusion.

The entry into force of a treaty is a moment at the time when the rights and obligations under the contract begin to operate, that is, when the contract (as the basis for the establishment of a legal relationship and a written form in which the terms of the agreement are fixed) becomes a legal relationship, the appearance of which was directed at the will of the parties.

A similar position is held by the Supreme Court of Ukraine in the judgments dated January 18, 2017 in the case No. 532/129/16-ц and from 27.04.2017 in the case No. 6-422цс17, which states that the term of the lease of land comes from the moment of state registration, and not since its conclusion.

Monday, 16 July 2018

 

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