Modern business is quite common conclusion of the contract on gratuitous use of property.The essence of the deal is that one side gives in use without the claim for remuneration other party for a period specified by the contract, the main owned by her agent, for example, non-residential premises, without asking for compensation.This type of contract is considered to be a loan contract, and the signatories of the document, respectively, the lender and the borrower.
of the lease contract from the gratuitous use of non-residential premises substantially different conditions, as the document does not specify the price because of its absence.Cause this type of relationships can both between companies and between individuals.The limitation in this case is that the transmission facilities for free use is not possible if the lender is a commercial enterprise, and the loan recipient - employee of the firm.Under current law, the transfer of assets for gratuitous use can be made for any period agreed by the parties.
contract of uncompensated use non-residential premises will not be considered prisoners, and if the object of the transaction is not identified by the treaty.That is, if not the exact location of commercial premises, which, according to the definition of civil law, part of the structure used for the purposes of production or commerce, but also contains its total area.
terms of the loan agreement agreed by the parties, and as indicated in the text, the contract may be concluded as specified and on time without specifying the date of the end, just the same as the time limit for non-residential premises lease agreement.Often the concept of rent and gratuitous use of the participants of legal alternatives, which can not be done in any case, because the essential, which means that the main point in the lease is the payment for the property transferred by the lessor.
In the event that the period of the contract transferred property was damaged by the loan recipient, his duty is to repair the damage caused to the lender.The amount of damage is determined by the assessment value of the property based on the value of physical depreciation.
Also transmission of the non-residential premises, the contract gratuitous use of non-residential premises does not remove the right of the owner to the transmitting side, but the lender gets an encumbrance.After a period of such contract the owner can not make the transition law, that is to sell, give away, as well as used as collateral, this non-residential premises.
Do not forget that, despite the lack of value in the loan agreement, the borrower must be regularly in a timely submit a report to the tax authorities, as non-residential premises involves any activity that brings profit.
issues of concern to many people who want a real estate at its disposal, and where to find a lender, and why it is beneficial contract gratuitous use of non-residential premises?
most commonly transmitted by a party in this case is the administration of the various municipalities and the subject of the contract are the premises and buildings of educational and preschool institutions.It is the lack of funds, as well as the fact that the capital construction of schools and kindergartens are on the balance of the city, and explained this form of contract.
In addition, many legal persons have not used the property in capital construction projects that are not of financial interest.
If you decide to enter into such a contract, it does not matter which side you will be, before signing should get competent legal advice to protect themselves from unnecessary risk in the future.
