What does the contract of emphyteussis consist of?

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02.07.2023 17:51 541

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Photo of sikorsky.y.o Yaroslav Sikorsky

The Civil Code of Ukraine does not establish essential conditions for an emphyteussis contract, therefore, when concluding this contract, it is necessary to proceed from the generally accepted essential conditions for contracts - subject, price and term of validity (Article 638 of the Civil Code of Ukraine).

Also, the contract must specify the amount and order of interest payment in case of alienation by the user of emphyteussis (Part 5 of Article 411 of the Civil Code) and information about the price of the contract, in accordance with Part 2 of Article. 409 of the Civil Code of Ukraine: amount, form, conditions, procedure and terms of payment for land use.

At the request of the parties, other terms of the contract can also be added, for example, the amount of the fine for violation of the terms of payment for use, frequency and rules for reviewing the amount of the use fee, about the preferential right to purchase the land by the owner.

10.07.2023 16:38

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