SPECIFIC FEATURES OF INHERITANCE OF PROPERTY ENCUMBERED BY A LIFE ESTATE AGREEMENT (PART TWO)

Abstract

As is known, any owner of a thing can quite freely and independently bequest such a thing in favor of any person chosen by him. However, if the person is the owner within the framework of the rent contract (rent payer), his or her authority as owner is significantly limited by the rules of civil law. Article 604 of the Civil Code of the Russian Federation establishes that the payer of rents has the right to dispose of or otherwise encumber property only with the prior consent of the recipient of the rent. The content of this rule in practice raises one very important question. Does the rent payer have the right freely to bequest property encumbered by the rent agreement, or does it have to obtain the consent of the rent recipient for such an order? Finding an answer to this question is the subject of this article.