Legal classification of leasehold relationships: the experience of comparative law research of the civil law of Russia and Italy

Purpose: Analysis of leasehold relationships in the civil law of Italy, successor of the Ancient Rome, and comparative legal research with the provisions of the Civil Code of the Russian Federation. Methodology: Historical and legal comparative method, Aristotelian method, comparative legal research. Results: The work confirms and proves that leasehold relationships are legally binding ones. A detailed analysis of the lessee’s possession pattern and possession protection means is made. The following conclusions are made: lessee is not an independent owner but is a holder of an item (mediated possession), despite of the lack of legislative framework of legal faculty of holding in the Russian law. The «resale right» must be stipulated by the parties in an agreement based on their will, as it is provided for in the Italian law. Possessory protection of the fact of possession is a necessary condition ensuring execution of the lessee’s rights. Novelty/originality/value: The article deals with doctrinal and statutory provisions pertaining to the nature of leasehold relationships under Italian and Russian law.