Analogy limits in the contractual and legal qualification of coworking

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The author considers the issue of civil law qualification of coworking. As a result, he substantiates the following conclusions: 1) the economic essence of the coworking agreement is the transfer of property to the resident of the coworking space for possession and (or) use, which predetermines its qualification as a lease or loan agreement and does not require the application of the analogy of the law; 2) the provision of related services by the coworking operator or the performance of work, combined with the use of office property, does not change the type of contract, does not eliminate its lease (loan) basis, and, as a general rule, only leads to its recognition as mixed.

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Civil law qualification of coworking, economic phenomenon of coworking, coworking space, coworking contract, workplace lease, collective use of office space

Короткий адрес: https://sciup.org/170196056

IDR: 170196056   |   DOI: 10.24412/2072-4098-2022-11254-106

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