CONTRACT OF EMPLOYMENT (LEASE) OF HOUSING IN UKRAINE AND GERMANY: GENERAL PROVISIONS

Abstract

The article for the first time explores the concept of general provisions on the contract of rent (lease) of housing under the legislation of Ukraine and Germany. It is proved that the contract in the countries takes its own place. The subject of the contract determines its legal regulation. Four constitutive features of the contract have been established. It is justified that it is mutually binding by legal nature. It is proved that the contract of renting housing is different from the contract of renting property, consumer and commercial contract. Reasonable characteristics of the contract. Established the presence of four elements of the contract of hire (lease) housing, which have their content. The circle of users is wider than in general in property hiring. The fact of a person’s residence means the right to use. The court, when resolving a dispute over the hiring of housing, takes into account national and international acts. The existence of the subjective right to use housing is the basis for its protection. It is proved that in the EU the hiring of housing is not regulated. Today it is regulated separately in countries. In Germany, this is a kind of contract of employment and there are General provisions on hiring housing. They are logical and pragmatic in the direction of protecting the employer, who is a vulnerable party. First, the employer has guarantees. Secondly, there is a universal provision in defense of his rights – something that contradicts the provisions and is done to the detriment of the employer is invalid. The red line of general provisions is the rule to protect the employer. In other types of hiring this is not. In Ch. 59 of the Civil Code of Ukraine lacks such general provisions, where it would be possible to provide additional ways to protect the employer. The method of protection deserves attention. In the future, you should consider the content of the contract of hire (lease) of housing under the civil legislation of Ukraine and the legislation of Germany.