It is beneficial to both parties. In Sec. 34 isolated a set of general rules, the action which applies to all leases. Along with this new provision introduced a special regulation of its individual species: hire, rental vehicles, rental of buildings, leasing companies, financial leasing – lease. Delineation of these contracts is carried out mainly on the subject (object) lease, but takes into account other aspects, such as the scope of the contract and specialty landlords for hiring, special relationship with leasing and other rules 1.
34 sc are universal and fully regulate the types of the lease that are not provided for special regulation, but also extend to contracts allocated to individual leases, but only that part which is not regulated by special rules relating to the appropriate view of relations (rent, lease, etc.). Civil Code, as an act of direct action, provided however, the possibility of application in certain cases, other laws and other regulations to complement its rules or establishing special rules for certain types of relations with the specifics. In Art. 607 cc states that the law can be set features the lease of land and other isolated natural objects. The rules governing the leasing of land contained in ch. 17 cc (Art.
260, 264, 270), entered into force the Federal Law of 16 April 2001, and the Land Code. According to Section 1, Art. 260 cc person owning land, the right to dispose of them, including rent, if relevant land are not excluded from circulation or limited in circulation. On the right of transfer of land plots for lease also states in Art. 264 cc. The Land Code of the rent regulated article. 1922 Chap. iv, devoted to various kinds land use. Transfer the use of subsoil, water bodies, forests are regulated by the subsoil, Water Code, Forest Code. Selecting a set of rules specific regulation of lease vehicles, gc along with it contains an indication that the transport charters and codes can be established other than by the Code, especially of lease of certain types of funds (Art. 641, 649). They are associated with conditions operation, maintenance, increased requirements for training of persons controlling these or other vehicles, etc. Special rules governing the rental of certain types of Vehicles are contained in the Air Code, the Code of Merchant Shipping, Inland Water Transport Code. Several features of lease of railway transport is provided by the Federal Law on February 27, 2003 "On the specifics of management and disposition of property, rail transport. For new legislation on rent characteristic that detailed regulation of relations in it does not turn into unnecessary "Overregulation." Many of the rules given the dispositive nature, which gives the parties an opportunity to resolve the contract if necessary, any question otherwise than by law, and legislative control is used as fallback ("unless otherwise stipulated in the contract"). Peremptory norms are mainly protecting the rights of the parties and third parties whose interests may be affected. This approach provides well elaborated the legal basis for the formation and development of the lease, that increases their level of legal and security of participants and at the same time does not contradict the principle of freedom of contract. Rules Sec. 34 cc, and special legislation regulating features of certain types of leasing relations are used in conjunction with the general norms of civil law transactions, commitments, contracts, etc.