租赁协议的法律方面及现代俄罗斯租赁法律关系的特点

V. Bulgakov, D. Bulgakova
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引用次数: 0

摘要

所述主题研究的相关性是由于俄罗斯公民社会中各种类型的法律关系的迅速发展,并直接涉及与创业和其他经济活动有关的法律关系。我国市场经济的积极发展,需要在各个生产领域投入大量资金。经济发展领域的国家政策最大限度地以发展和支持各级企业为目标。租赁的使用对创业的发展有很大的帮助。本研究的目的是确定科学界和执业律师需要修订和澄清的理论要点,并确定租赁领域现行立法中的空白。基于上述目标,我们形成了以下任务:考察租赁协议在现代立法和民法学说中的地位,找出租赁协议法律监管的弱点,找出融资租赁协议领域监管法律行为在法律和技术上的不足。研究过程中使用的方法:分析法、综合法、历史法、比较法。本文的研究成果可用于融资租赁合同的订立、变更和终止,也可用于进一步推进融资租赁民法领域的改革,具有一定的实用价值。理论价值在于,本研究的材料可以用于融资租赁协议的进一步研究,也可以用于民法学科的学习和教学。结果的研究,civilistic原则方面空白的租赁协议确定,结论是对需要挑出租赁协议作为一个单独的类别的协议,租赁协议的需要让这个词作为一个强制性的确定条件,分析了当前立法的角度来看其遵循的实践应用租赁协议,以及从法律和技术标准。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal aspects of the leasing agreement and features of leasing legal relations in modern Russia
The relevance of the study of stated topic is due to the rapid development of various types of legal relations in Russian civil society, and directly in legal relations related to entrepreneurship and other economic activities. The active development of a market economy in our country requires a large amount of funding in various areas of production. The state policy in the field of economic development is maximally aimed at developing and supporting various levels of business. The use of leasing significantly helps the development of entrepreneurship. The purpose of the study is to identify theoretical points that require revision and clarification both on the part of the scientific community and on the part of practicing lawyers, as well as to identify gaps in the current legislation in the field of leasing. Based on the above goal, we form the following tasks: to investigate the position of the leasing agreement in modern legislation and civil law doctrine, to identify the weaknesses of the legal regulation of the leasing agreement, to identify legal and technical shortcomings of regulatory legal acts in the field of the financial lease agreement. Methods used in the course of the study: analysis, synthesis, historical and legal method, comparative legal method. The practical value of the material is due to the fact that the results of the study can be used when concluding, changing and terminating a financial lease agreement, as well as in further reforming this area of civil law. The theoretical value lies in the possibility of using the materials of the study in the further study of the financial lease agreement, as well as in the study and teaching of civil law disciplines. As a result of the study, the gaps in the civilistic doctrine regarding the leasing agreement are identified, the conclusion is made about the need to single out the leasing agreement as a separate category of agreements, the need to make the term of the leasing agreement as a mandatory condition is determined, the current legislation is analyzed from the point of view of its compliance with the practice of applying the leasing agreement, as well as from legal and technical standards.
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