Rentos sutarties ypatumų ir teisinių santykių, kylančių iš šios sutarties, analizė Lietuvos teismų praktikos pagrindu

Abstract

The significance of the contract of rent (maintenance/support contract) in Lithuanian society is still rather low. That does not imply that there are no legal relationships arising from the limited use of the contract type. Several cases on the grounds of the contract of rent reached even Supreme Court of Lithuania. The contract of rent cannot boast of popularity first of all due to a low comprehension among common people. Therefore it is so important to research these types of contract, publicize and introduce it to the society. The contract of rent according to article 6.439 of Lithuanian civil code involves an obligation of the payer of rent (debtor) gratuitously or in exchange for the capital transferred to his ownership to perform periodical payments to the other party – the recipient of the rent – of a monetary amount determined in the contract (rent) or to grant maintenance to the recipient of rent in any other form. This contract differs from any other contract established in Lithuanian civil code such as purchase sale or donation contracts. Contract law theory characterizes three types of the contract of rent: rent in perpetuity (permanent rent), rent for life and life annuity. Each kind of the contract of rent has a very different object, subjects, terms and its purpose. The object of the contract of rent is capital transferred to the ownership of the payer of rent. Only life annuity differs with its special object – a dwelling house, apartment, land plot or other immovable thing, etc. First essential condition of the contract of rent is transfer of immovable or movable property from one party to another, in exchange of periodical payments – a monetary amount determined in the contract (rent) or to maintenance in any other form. Second essential condition of the contract of rent is the duty of the payer of rent to grant security for the performance of his obligation or to insure his civil liability for the failure to perform or improper performance of the contract of rent or the right of pledge on this immovable thing as security of the obligation of the payer of the rent (forced hypotheque). The legal purpose of each contract, as it is in the contract of rent, undertakes the regulation of legal relationship between the parties. Analysis of legal relationships arising from the contract of rent helps us to understand the aim and significance of the contract of rent itself. Legal relations arising from the contract of rent are those arising between the parties of rent: rent payer and the recipient of the rent. The recipient of the rent usually is considered as a weak party of the contract. Thus Lithuanian civil code aims to protect interests of a recipient of rent. Lithuanian civil code also determines many possibilities for both of the parties of this contract. The payer of the rent (debtor) is a party who has an obligation to pay rent payments or to grant maintenance in the any other form. Particular attention is given to the characteristic of the parties, attributes and the object of legal relationships arising from the contract of rent.