Правові підстави розірвання договору найму (оренди) на вимогу наймача

Abstract

Розглянуто підстави розірвання договору найму на вимогу наймача. Розкрито механізм застосування підстав розірвання договору на вимогу наймача та проаналізована відповідна судова практика. The article deals with the grounds for termination of the employment contract at the request of the employer. The author discloses the mechanism of application of grounds for termination of the contract at the request of the em- ployer and the relevant jurisprudence is analyzed. The relevance of the article is due to the fact that the domestic jurisprudence reveals the inaccuracy of certain legislative provisions of civil and commercial legislation of Ukraine regarding the institute of termination (termination) of the lease (lease). Therefore, there is a need for a new scientific and theoretical understanding of their content in order to properly regulate the employment relationship and the effectiveness of law enforcement activities in this area. In the overwhelming majority, the subject of research of scholars are only specific issues of termination of the contract of employment in the context of doctrinal analysis of the legal regulation of certain types of employment rela- tions (leases). An important component of the mechanism of application of grounds for termination of the contract at the request of the employer is the need to address certain practical problems of such application. The article aims to to analyze the legal grounds for termination of the lease (lease) on the initiative of the tenant and to take a systematic approach to determining the reasons for such termination of the lease in modern civil law and and modern judicial practice. Systematic analysis of the provisions of Chapter 58 of the Civil Code of Ukraine allowed the author to conclude that the grounds for termination of the contract of employment at the request of the employer, except Art. 784, also defined in paragraph 4 of Part 2 of Art. 768, Part 2 of Art. 769 and paragraph 2 of Part 3 of Art. 776 of the Central Committee of Ukraine. The termina- tion of the contract in the last three cases is one of the alternative legal consequences stipulated by these norms and is applied by the employer when he is not interested in the further existence of a legal relationship between him and the landlord. Similar situations with the landlord, the list of grounds for termination of the lease agreement at the request of the tenant is open.