Korneeva S.Y. —
Failure and nullity of real estate lease agreements in light of the new legal positions of the Supreme Court of Arbitration of the Russian Federation
// Law and Politics. – 2017. – ¹ 2.
– P. 91 - 99.
DOI: 10.7256/2454-0706.2017.2.12271
URL: https://en.e-notabene.ru/lpmag/article_12271.html
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Abstract: This article analyzes the questions of recognition of the contracts void and null, taking into account the legal positions of the Supreme Court of Arbitration of Russia set by the Resolution of the Plenum of the Supreme Court of Arbitration of Russian of November 17, 2011 No. 73 “About single questions of practice of application of rules of the Civil code of the Russian Federation about the lease agreement" and the Information Letter of the Presidium of the Supreme Court of Arbitration of Russia of February 25, 2014 No. 66. In addition to this, from the perspective of law enforcement, the author analyzes the land and civil legislation, which pertains to signing and renewal of lease agreements on land lots that are part of state or municipal property. The work contains the new conclusions on correlation of norms of the land and civil law in regulation of relations associated with recognition of the real estate lease agreements void or null. The author also provides the recent legal positions of the Supreme Court of Arbitration of the Russian Federation and other courts on this matter.