Modern mechanisms of protection of the rights of subjects of lease relations

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The article is devoted to the analysis of modern mechanisms for protecting the rights of participants in rental relations in the context of dynamically changing legislation and the digitalization of the economy. Based on the study of the norms of the Civil Code of the Russian Federation, judicial practice and scientific works, the author identifies the key problems that arise in the implementation of lease agreements, including the ambiguity of interpretation of the terms of responsibility for the safety of property, the complexity of early termination of agreements and the risks associated with the registration of encumbrances. Particular attention is paid to judicial precedents demonstrating a contradictory approach to the qualification of landlords’ obligations: from refusal to recover damages due to lack of evidence of guilt to recognition of the mixed nature of contracts (lease and storage). Traditional protection tools such as a pretentious order, seizure of property and state registration of contracts are considered, as well as innovative solutions such as the use of blockchain technologies and NFT to ensure transparency of transactions. The author emphasizes that the effectiveness of the mechanisms depends on the combination of material and procedural aspects, the good faith of the parties and the correct choice of a dispute resolution method. In the context of digital transformation, the integration of technological solutions that minimize the human factor and guarantee the fulfillment of obligations is becoming relevant.

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Rental relations, protection of rights, civil law mechanisms, judicial practice, digital technologies

Короткий адрес: https://sciup.org/14134166

IDR: 14134166   |   УДК: 347.4