A Concept, Prerequisites and Procedure for Making a Lease Agreement for Objects of Cultural Heritage
Year: 2024
Type: article
Abstract: The paper considers the distinctive features of the terms of the lease agreement for objects of cultural heritage (OCH), as well as the procedure for its conclusion. Special attention is paid to the subject of the contract — objects of cultural heritage, security obligation, price and a term of the contract. It is noted that an essential condition of the OCH lease agreement is a security obligation, which must be incorporated into the agreement. The author explains the peculiarity of the term for the execution of the lease agreement of the OCH that means the fact that the legislator has provided for the possibility of transferring OCHs in unsatisfactory condition immediately for a maximum period of 49 years. The author notes that such a term condition allows making the contract more investment attractive to potential tenants. It is concluded that the lease agreement for cultural heritage objectshas a dual legal nature and is an atypical form of civil legal relations. The author proposes his own concept of a lease agreement for cultural heritage objects.
Source: Actual Problems of Russian Law
Author: V. S. Sbitnev
Institution: Kutafin Moscow State Law University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4405025204