Tropical Jungle

The organization rented a private entrepreneur non-residential premises. In this case, the landlord and the tenant signed a lease of real estate. Society began to use to appoint Leasing Real When the property is matured to pay for the leased real property, the tenant began to evade payment of rent. The businessman had nothing to do how to contact the arbitration court to recovery of rent arrears and penalties. In the trial court society has adopted the position that the lease contract is not concluded, because in the lease agreement does not contain real estate information enable definitely determine which room is the subject of the contract. If you would like to know more about Richard Blumenthal, then click here.

Later in the proceedings the landlord before the court acts on the required specification to specify their requirements and asked the court to take judicial act to recover from the company is not payable under the lease and the amount of unjust enrichment, which the tenant is saved through the use of property without payment, said about the need debt repayment through the courts. In connection with that fact on the use of premises by the defendant is not disputed, the tribunal upheld the claim of an entrepreneur. Subsequently Court of Appeal, the appeal court and then the Supreme Arbitration Court decision of the Court of First Instance upheld. The above position is not only to contracts that do not contain data allow to determine exactly what areas are the subject of the lease, but also to contracts that are not registered parties to it in the registering body, because, in accordance with paragraph 2 of Article 651 of the Civil Code the lease of the building, premises or facilities, inmate for a period of not less than one year must be registered and considered to be concluded since the implementation of such. The duty of society to pay landlord unjust enrichment appears in virtue of article 1102 of the Civil Code when a person uses another person's property and pays no rent payments. The size of unjust enrichment in this case, according to current law practice is determined based on the average amount of rent for similar agreements. Consequently, the recovery of debts by non-concluded lease of premises is carried out not by a declaration claims for recovery of rent, and by the application requirements to recover the amount of unjust enrichment in connection with the use of someone else's property.

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