THE LEGAL NATURE OF THE LAND LEASE AND ITS IMPACT ON THE LESSEE RIGHTS PROTECTION PROCEDURE
In: Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, Issue 114, p. 49-59
The article deals with the legal nature of a land lease. The contemporary relevance of this study is explained by the fact that the following phenomena depend on the legal nature of the land lease: the specific lessor's and lessee's rights, the defense procedure of the lessee's right to do a business activity on the land parcel; the loss, caused by force majeure, distribution, etc. A lease right was considered to be a personal right in Roman law. Recently, there is a vivid trend in Ukrainian legislation to convert a lease as a personal relationship between two persons to some kind of real relations (relations between the person regards things). The idea that the lease of a land parcel is or can be some kind of a real relation dominates in Ukrainian literature. Based on the study of the land lease legal nature the author concludes that the land lease is a personal relationship. The author assesses the legal regulation of the land lease as a real relation. This regulation aftermath is that land lease converts into emphyteusis, superficies, or into some kind of real relation (usus or usufruct). Having analysed the legal regulation for the land lease, the author came to conclusion, that it duplicates the legal regulation for property relations. The analysis of the negative consequences of this regulation is done in the article. One of the main negative consequences of the land lease converting into the real relation is the reduction of the list of legal tools by which business entities may adjust their relations. At the same time, the land lease stops guaranteeing the lessee opportunity to conduct the economic activity on the land parcel.