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27.12.2011
Solarius granite
Get his consent to the contract is not solarius granite necessary (Section 5 of the annex to the letter of the RF ¹ 90). You can not enter into a contract with a mortgage pledge of rights solarius granite under a lease of nonresidential premises, concluded for a period of one year. After all, in accordance with paragraph 1 of Article 20 of the Federal Law "On state registration of rights to immovable property and transactions with it", the reason for refusal of registration or the right deal is that the right (the deal) is not subject to state registration. Since the lease non-residential premises for a period of one year is not subject to state registration, it can not be registered contract of lease of mortgage rights arising from such a contract (paragraph 10 of annex to the letter of the RF ¹ 90). In case of claiming the right to lease the land, mortgaged to the mortgage contract, a person who has acquired such a right solarius granite is also transferred responsibility for the tenant's respective lease. Indeed, within the meaning of paragraph 2 of Article 615 of the Civil Code and Section 5, Art. 22 of the Land Code rights under the lease the tenant can go to another party only with the transfer of that person and duties under the lease (in order of rehire). At the same time responsible for the lease to the landlord instead of the original tenant becomes a new tenant (Section 6 of the annex to the letter of the RF ¹ 90). If the bond, which the mortgagor subsequently acquires the property, it automatically generates the right of mortgagee to pay their penalty for such property the mortgagor. Important right of the owner of premises is entitled to transfer premises inherited. 1110 of the Civil Code recognizes the transfer of property by inheritance of the deceased to others in the way of universal succession, that is unchanged as a whole and in the same time.
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