Risk distribution at the stage of conclusion of the contract on the example of a non-residential premises lease agreement

In this article, the authors will consider some of the possibilities of risk distribution at the stage of concluding a contract on the example of a non-residential premises lease agreement. In the civil code of the Russian Federation, the status of non-residential premises as independent objects of civil rights has not found its consolidation. There is no consensus among domestic civil scientists on the issue of compliance of non-residential premises listed in the civil code of the Russian Federation to the characteristics of real estate. In addition to the General indication that the residential premises can be transferred to the category of non-residential in accordance with the established procedure (item 3 of art. 288 of the civil code), nor in the chapters on the specific agreement or in article 130 of the civil code, where the definition of estate, non-residential premises as the property is not mentioned.