Правові підстави розірвання договору найму (оренди) на вимогу наймодавця

Abstract

Розглянуто підстави розірвання договору найму на вимогу наймодавця. Проаналізовано механізм застосування загальних і спеціальних підстав розірвання договору на вимогу наймодавця. The reasons for the tenancy contract termination as requested by the landlord are considered in the paper. The mechanism of application of the general and special reasons for the contract termination as requested by the landlord is analyzed. It is stated that in the civil law doctrine the question on the mechanism of the application of general reasons for the termination of the civil contracts (for example, taking into consideration a material breach of contract or a substantial change in circumstances) and the special reasons for the termination of the contract of tenancy (rental lease), which are specified in the Chapter 58 of the Civil Code of Ukraine is controversial. Freedom of contract allows its parties to provide, other than those specified in the Central Committee of Ukraine, other grounds for termination of the contract of employment on the initiative of the lessor. In the author’s opinion, the parties have the right to provide the reasons for the contract termination, which does not depend on its violation by one of the parties (for example, the contract may provide for the certain cancellation circumstances). The author concludes that for the termination of the tenancy (rental lease) contract on the reasons stipulated by the Art. 783 of the Civil Code of Ukraine, the key role is played not only by the objective side of the committed violation of the contract, but also its subjective component. Thus, if the tenant has taken all necessary legal measures to return the hired things and eliminate the violations of the terms of the contract, but due to the availability of the circumstances which do not depend on him, the violations were not eliminated, there are no reasons for the tenancy contract termination on the grounds provided for by this paper.