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The panel of judges of the Economic Court of Cassation

Such a contract is null and void (Part One of Article 220 of the Civil Code of Ukraine).

A lease agreement for a building or other capital structure (a separate part thereof) shall be The panel of concluded in writing (Part One of Article 793 of the Civil Code of Ukraine in the version in force as of May 22! 2014).

A lease agreement for a building or other capital using hpv for calls structure (a separate part thereof) for a period of three years or more is subject to notarization (part two of Article 793 of the Civil Code of Ukraine in the version in force as of May 22! 2014).

The interpretation of these norms indicates that:

non-residential premises in accordance with Article 793 of the Civil Code of Ukraine (as amended as of May 22! 2014) are a separate part of the building;
a non-residential premises lease agreement for three years or more is subject to notarization;
In the absence of a notarized certificate of a non-residential premises lease agreement concluded for three The panel of years or more! such agreement is null and void.
The Supreme Court’s decision of October 10! 2018! as part of! states that “the court established that on March 1! 2011! a lease agreement for real estate was concluded between the lessor and the lessee! under the terms of which the plaintiff transferred and the defendant accepted the real estate for use.

The 5 cybersecurity tips to protect businesses Court of Appeal established that when concluding the lease agreement! for a period of 19 years! the parties did not comply with the requirements for its notarial certification and state registration! and that such an agreement  is null and void.”

The resolution of the Supreme Court! composed of the panel of judges of the First Judicial Chamber of the Civil Court of Cassation dated October 17! the non-residential premises lease agreement concluded for the use of non-residential premises was declared invalid […]

The court established that the disputed non-residential

Premises lease agreement was concluded by the parties in simple written form for a period of five years . in accordance with the requirements of Article 793 of the Civil Code of Ukraine! this agreement was subject to book your list mandatory notarial certification . Failure by the parties to the transaction to comply with the requirements for its notarial certification gives grounds to consider this agreement null and void in accordance with the provisions of Article 220 of the Civil Code of Ukraine.

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