戒严期间财产租赁协议的效力

Yehor Zavialov, Oleksandr Matsak
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引用次数: 0

摘要

在对俄罗斯联邦的全面入侵开始后,许多乌克兰人被迫到国外,在乌克兰其他未被占领的领土上寻求幸福。本文分析了2022年2月28日工商会的信函。将戒严定义为不可抗力情形(不可抗力情形)。还强调了在戒严法下到期的合同的有效性问题。这种合同在戒严期间到期,不知道如何处理,也不知道是否会自动延长,因此问题最大。提出了对《乌克兰民法典》的修正,其中具体涉及在戒严法期间延长房地产租赁合同效力的问题。本文旨在突出戒严条件下财产租赁合同的效力问题,并提出解决这一问题的途径。该文件还提出了在有限使用有关财产的情况下支付合同的问题。是的,因为由于战争,大量乌克兰人无法使用租来的财产,或者在使用方面非常有限。有人指出,《乌克兰民法典》的相应规范规定,在这种情况下,有必要减少相应的租金数额。因客观原因不能使用的,解除租赁。有人把这个问题比作新冠肺炎疫情时期,也比作反恐行动时期。并给出了撤销案件的相关司法实践,即承租人必须证明财产不能使用与不可抗力之间存在因果关系。分析认为,司法实践中关于财产不可使用与不可抗力情况之间是否需要因果关系的问题,并没有随着全面战争的开始而发生变化,而是保持不变。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Validity of property rental agreements during the martial state
After the beginning of the full-scale invasion of the Russian Federation, many Ukrainians were forced to seek happiness abroad, in other unoccupied territories of Ukraine. The paper analyzes the letter of the Chamber of Commerce and Industry dated February 28, 2022. The definition of martial law as circumstances of force majeure (circumstances of force majeure) is indicated. The issue of the validity of contracts that expired under martial law was also highlighted. Such contracts are the most problematic, since they expired during the period of martial law and it is not known what to do with them, whether they will be automatically extended. Amendments to the Civil Code of Ukraine were proposed, which specifically relate to the issue of extending the validity of real estate lease contracts during the period of martial law. The purpose of the paper is to highlight the problem of the validity of property lease contracts under martial law, to suggest ways to solve this situation. The paper also raised the issue of payment of contracts subject to limited use of the relevant property. Yes, because due to the war, a large number of Ukrainians are unable to use rented property or are very limited in its use. The corresponding norms of the Civil Code of Ukraine were noted, which provide that in such a case it will be necessary to reduce the amount of the corresponding rent. In case of impossibility of using such property due to objective circumstances, such lease is subject to cancellation. On this issue, an analogy was drawn with the times of the coronavirus pandemic, as well as the times of the Anti-Terrorist Operation. The relevant judicial practice of the cassation instance was also given, according to which the tenant must prove the existence of a cause-and-effect relationship between the impossibility of using the property and the force majeure circumstance. It was analyzed that the judicial practice on the issue of the need for a cause-and-effect relationship between the impossibility of using the property and the force majeure circumstance did not change with the beginning of the full-scale war and remained the same.
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