Gaps and Analogies in the Legal Definition of the Lease Facility in Russia

Abstract

The study is relevant, as multi-variant rental relationships are wide-spread, requiring a seamless legal definition of the key elements of the lease design. The aim is to identify and, by analogy, comprehensively develop the legal regime of problematic and atypical leases, thus strengthening the doctrinal basis for filling legal gaps in the practice of applying civil law by analogy. Combined with special technical-legal and comparative-legal methodological tools, the article applied general logical methods of analysis, synthesis, induction, deduction, comparison and generalization. This research is peculiar in that the method of analogy acted simultaneously as a means, and as an object of study. Specific gaps in the legal definition of the list and properties of present and future things and their parts as admissible lease facilities were identified; a practical idea to improve the regulatory structure of the lease arrangement was formulated. The work helps to achieve greater contractual freedom and variability of economic activity, promotes the involvement of a greater number of material goods in the property turnover, at the same time helping to unlock the potential of the analogy method in the legal regulation of economic activity.

Gaps and analogies in the formation of registered capital of limited liability and joint-stock companies

“…Gaps and analogies in the formation of registered capital of limited liability and joint-stock companies law) and, taking into account the requirements of good faith, reasonableness and fairness, support the approach implemented by some courts, according to which the payment of contributions to the registered capital of business companies (LLC and JSC) with rental rights is also permissible ( This application of the analogy in law will correspond to the currently observed general increase in the importance of civil law principles in the regulation of public relations (Golubtsov, 2016) and act as an adequate response to the rightful appeals of scientists for their even more enormous impact on the law enforcement practice (Bondarenko, 2013). Thus, based on analogy, recognition of the admissibility of payment of the LLC and JSC registered capital by the right to lease allows us to think of an even more excellent (double) analogy, namely, the possibility of converting into corporate capital the rights to use "unnamed things" belonging to a participant (shareholder) (Suslova, 2020) and other "atypical rental objects" (Mikryukov, 2020), when directly (and not by analogy) applying rental rules to them may be questionable.…”