Chapter 33. Rent and Life Maintenance with Dependency.
Article 583. Rent Contract.
1. Under the rent contract, one party (the recipient of the rent) transfers the property to the other party (the rent payer), and the rent payer undertakes, in exchange for the received property, to periodically pay the rent to the recipient in the form of a certain amount of money or provide funds for its maintenance in another form.
2. Under the annuity contract it is allowed to establish the obligation to pay annuity indefinitely (permanent annuity) or for the life of the recipient of annuity (life annuity). Life annuity can be established on conditions of life maintenance of a citizen with a dependency.
Article 584. Form of the contract of rent.
The rent contract is subject to notarization, and the contract providing for the alienation of immovable property under the payment of rent is also subject to state registration.
Article 585. Alienation of property under the payment of rent.
1. Property that is alienated under the payment of rent may be transferred by the recipient of the rent into the ownership of the rent payer for a fee or free of charge.
2. In the case when the rent agreement provides for the transfer of property for a fee, the rules on the sale and purchase (Chapter 30) apply to the relations of the parties on the transfer and payment, and in the case when such property is transferred free of charge, the rules on the contract of donation (Chapter 32) insofar as otherwise is not established by the rules of this chapter and does not contradict the substance of the annuity contract.
Article 586. Encumbrance with rent of real estate.
1. Rent burdens a land plot, an enterprise, a building, a structure, or other immovable property transferred for its payment. In case of the alienation of such property by the payer of rent, its obligations under the contract of rent shall be transferred to the acquirer of the property.
2. A person who transferred immovable property encumbered with rent into the ownership of another person shall bear subsidiary liability with him (Article 399) for the claims of the recipient of rent arising from violation of the rent contract, unless this Code, other law or contract provides for joint and several liability. commitment.
Article 587. Providing for the payment of rent.
1. When transferring land rent or other immovable property under payment of rent, the recipient of the rent shall acquire the right of pledge to this property as security for the obligation of the rent payer.
2. The essential condition of a contract providing for the transfer of a sum of money or other movable property for the payment of rent is a condition that establishes the obligation of the rent payer to provide security for the fulfillment of its obligations (Article 329) or to insure in favor of the recipient the risk of liability for failure to fulfill or improper performance of these obligations.
3. If the rent payer fails to fulfill the obligations stipulated in paragraph 2 of this article, as well as in case of loss of security or deterioration of its conditions due to circumstances for which the recipient is not responsible, the rent recipient has the right to terminate the contract of rent and demand compensation for damages caused by the termination of the contract.
Article 588. Responsibility for the delayed payment of rent.
For the delay in the payment of rent, the payer shall pay to the recipient the interest provided for in Article 395 of this Code, unless a different amount of interest is established by the contract of rent.
Article 589. Recipient of permanent rent.
1. Only citizens can be recipients of permanent rent, as well as non-profit organizations, if this does not contradict the law and corresponds to the goals of their activities.
2. The rights of the recipient of the rent under the permanent rent contract may be transferred to the persons referred to in paragraph 1 of this article by assigning the claim and passing by inheritance or succession in the reorganization of legal entities, unless otherwise provided by law or contract.
Article 590. The form and size of permanent rent.
1. Permanent rent is paid in money in the amount established by the contract.
The permanent rent contract may provide for the payment of rent by providing things, performing work or providing services corresponding in value to the monetary amount of the rent.
2. Unless otherwise provided by the contract of permanent rent, the amount of paid annuity increases in proportion to the increase in the statutory minimum wage.
Article 591. Deadlines for the payment of permanent rent.
Unless otherwise provided by the contract of permanent rent, the permanent rent is paid at the end of each calendar quarter.
Article 592. The right of the payer to redeem permanent rent.
1. The payer of the permanent rent has the right to refuse from the further payment of the rent through its redemption.
2. Such a waiver is valid provided that it is declared by the payer of rent in writing no later than three months before the termination of the payment of rent or for a longer period stipulated by the contract of permanent rent. At the same time, the obligation to pay rent is not terminated until the recipient receives the full amount of the buyout, unless a different buyout procedure is provided by the contract.
3. The condition of the permanent rent contract on the refusal of the permanent rent payer of the right to its redemption is void.
The contract may provide that the right to redeem permanent rent cannot be exercised during the life of the recipient of rent or for a period not exceeding thirty years from the date of the conclusion of the contract.
Article 593. Redemption of permanent rent at the request of the recipient of the rent.
The recipient of the permanent rent has the right to demand the redemption of the rent by the payer in cases where:
the rent payer has delayed its payment by more than one year, unless otherwise provided by the permanent rent contract;
the rent payer has violated his obligations to ensure the payment of rent (Article 587);
the rent payer is recognized insolvent, or other circumstances have arisen, obviously indicating that the rent will not be paid to them in the amount and within the terms established by the contract;
real estate transferred for payment of rent has been transferred to common property or is divided between several persons;
in other cases stipulated by the contract.
Article 594. Redemption price of permanent rent.
1. Redemption of permanent rent in the cases provided for in Articles 592 and 593 of this Code shall be made at a price determined by the permanent rent contract.
2. In the absence of a condition on the redemption price in the permanent rent contract for which the property is transferred for payment under the payment of the permanent rent, the redemption is made at a price corresponding to the annual amount of the rent to be paid.
3. In the absence of a condition on the redemption price in the permanent rent contract for which the property is transferred free of charge, the redemption price, along with the annual amount of rent payments, includes the price of the property transferred, determined by the rules provided for by paragraph 3 of Article 424 of this Code.
Article 595. The risk of accidental loss of property transferred under the payment of permanent rent.
1. The risk of accidental loss or accidental damage to property transferred free of charge against the payment of permanent rent is borne by the payer of rent.
2. In the event of accidental loss of or accidental damage to property transferred for payment under the payment of permanent rent, the payer has the right to demand, respectively, the termination of the obligation to pay rent or change the conditions for its payment.
Article 596. Recipient of life annuity.
1. Life annuity may be established for the period of life of a citizen transferring property against the payment of rent, or for the period of life of another citizen indicated by him.
2. It is allowed to establish life annuity in favor of several citizens, whose shares in the right to receive annuity are considered equal, unless otherwise provided by a life annuity contract.
In the event of the death of one of the recipients of the rent, his share in the right to receive the rent passes to the recipients of the rent who survived, unless otherwise provided by the contract of life annuity, and in the event of the death of the last recipient of rent, the obligation to pay the rent is terminated.
3. A contract establishing a life annuity in favor of a citizen who died at the time of the conclusion of the contract shall be null and void.
Article 597. The size of life annuity.
1. Life annuity is defined in the contract as a sum of money periodically paid to the recipient during his life.
2. The amount of life annuity, defined in the contract, per month must be no less than the minimum wage established by law, and in the cases provided for in Article 318 of this Code, shall be increased.
Article 598. Deadlines for the payment of life annuity.
Unless otherwise provided by the contract of life annuity, life annuity is paid at the end of each calendar month.
Article 599. Termination of the contract of life annuity at the request of the recipient of the annuity.
1. In the event of a material breach of the contract of life rent by the payer of rent, the payee has the right to demand that the payer pay for rent redemption under the conditions provided for in Article 594 of this Code, or to terminate the contract and pay damages.
2. If an apartment, house or other property is alienated free of charge under the payment of life annuity, the recipient of a rent has the right, in case of a substantial breach of the contract by the rent payer, to demand the return of this property, offsetting its value against the redemption price of rent.
Article 600. The risk of accidental loss of property transferred under the payment of life annuity.
Accidental death or accidental damage to property transferred under the payment of life annuity does not release the annuity payer from the obligation to pay it under the conditions provided for by the life annuity contract.
Article 601. A contract of life maintenance with a dependent.
1. Under a life-long maintenance contract with a dependent rent recipient - a citizen transfers a residential house, apartment, land plot or other property belonging to him to the property of the rent payer who undertakes to carry out life-long maintenance with a dependent citizen and (or) third party (persons) specified by him.
2. The rules on life annuity are applied to the contract of life maintenance with a dependent, unless otherwise provided by the rules of this paragraph.
Article 602. Obligation to provide content with a dependent.