THE LIST OF PERSONS PRESERVING THE RIGHT OF USE OF THE LIVING QUARTERS DURING ITS SALE AS THE ESSENTIAL CONDITION OF THE AGREEMENT

In accordance with article 558 of the Civil Code of the Russian Federation the essential condition of the agreement of buying and selling of the living quarters is the list of persons preserving the right of use of this living quarters. The article states these categories of users (recipients of rent, legatees, members of the family of the owner of living quarters, members of the family and the former members of the family of the owner of the living quarters, tenants according to the agreements of social hire and hire of living quarters in the fund of social use,) and examines the consequences of violaion of this condition of agreement. The gaps of legislation, problems arising in the law enforcement practice are revealed and the method of their solution are proposed.

agreement of buying and selling, essential conditions of agreement, loss of agreement, living quarters, recipient of rent, legatee, member of the family of the owner, former member of the family of the owner of living quarters, privatization of living quarters, state registration of the rights to real estate, tenant of living quarters.

Rakhvalova M. N. The list of persons preserving the right of use of the living quarters during its sale as the essential condition of the agreement // Business. Education. Law. Bulletin of Volgograd Business Institute. 2017. No. 1 (38). P. 232–235.