When regulating the relations connected with the rights of things, there is always one very important question: how much gratuitous transactions, which are the subject of inanimate objects?Therefore, in theory and practice of civil law has developed a tradition of separation for a fee and free of charge.The first may be submitted renting, buying and selling, leasing.But the most striking example of the second projecting gratuitous use.
The institution of contract law is his "pedigree" from Roman law.Such long-term existence is explained quite simply: gratuitous use of a flexible instrument turnaround time items.To understand this, it suffices to study the theory of regulation.
What can be provided for free use?
Such an agreement implies that it can be transmitted only to "non-consumable" items.And this, in turn, means that in the performance of duties of counterparties to use them all the basic characteristics remain in the initial or close to the form.And because of this type of transaction should be called "gratuitous use of property", becausecivil law and science include the concept of "things" and other objects, which, because of its characteristics can not be in use during the stay in its natural, original form.
In addition, the property in gratuitous use (as the object of the contract) has another characteristic that it is individually defined.That is, negotiating the deal, contractors are required to allocate the transferred property from a number of similarities to him with a special refinement.
Also, be aware that the gratuitous use applies to both movable and immovable property.But it is first subject to detailed description.This is due to the fact that the legislator obliges the company to "return the thing in nature", which is much easier to do in the case of movable property.
signs contract
gratuitous use - is an institution built on certain attributes, most of which is its gratuitousness.This qualification means that the lender (the person who gives things) does not count, that in exchange for his actions the borrower will pay a fee in the form of tangible assets.However, the former has the right to assume and expressly stated in the contract that the transaction costs will be borne by the counterparty, including those associated with the maintenance of the property.
second sign is a long-term nature of the contract.Gratuitous use of property may be concluded for a period of up to ninety-nine years old, when it comes to real estate matters.In case of movable science and the law a temporary period does not installed.And, therefore, the parties may agree on an arbitrarily long period.
third sign is ambiguous since the entry into force.Thus, the parties themselves can define itself by between the time of signature or the date of actual transfer and fix it in the text of the deal.
fourth feature is that both sides have a special legal status.The agreement expressly provides that the property in the free use imposes on the parties to the transaction specific responsibilities.The lender shall submit to the enjoyment of the thing, and the borrower - to accept, store and return it in kind.
should be taken into account in the preparation of such signs contract sincethey form a three-stage structure, which is fixed with the written fixing.Namely:
- definition of property;
- term use;
- restitution.
And, therefore, making the text of the agreement, it is reasonable to use the theoretical constructions in the practical application.
