The Notion Of Grounds For Termination Of The Right To Lease Land

Abstract

The article analyzes the scientific researches and legislation of Ukraine to determine the notion and features of «termination of the right to lease land» and «grounds for termination of the right to lease land». The author proposes to consider the termination of the right to lease land as a subjective right in the context of the loss of legal connection between the lessee and the land in his possession and use. The author notes that the legal connection itself is lost - the subjective right to lease the land that linked the person and the land.

The notion of «grounds for termination of the right to lease land» can be formulated as provided by law life circumstances that terminate the land lease contract, may depend on the will of the parties or do not depend on their will, in cases specified by law determine the succession of the right to lease land for others and establish the necessary causal link between the termination of the land lease agreement and the termination of the subjective right to lease the land.

The author examines the question what legal fact causes of termination of the right to lease land. The article introduces the approaches of the current legislation and theory of solving this issue. Concluded, that the legal fact of termination of the right to lease land is defined by law certain life circumstances with the occurrence of which the termination of subjective right to lease of land are associated. Stated that the ground for termination of the right to lease land is termination of the land lease contract.

The author draws the conclusion that the termination of the lease relationship occurs by the termination of the lease of land contract on the grounds specified by law, and the termination of the contract is the basis (legal fact) for the termination of the right to lease the land.