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BEITEN BURKHARDT organized a business breakfast jointly with German Centre Moscow on the topic "Most pressing legal issues on the lease of real estate"

Moscow, 6 February 2020 – A business breakfast was held in German Centre in Moscow on 6 February 2020, where Oleg Ljaljutski and Ekaterina Sidenko from BEITEN BURKHARDT spoke for 30 participants on the topic "Most pressing legal issues on the lease of real estate".

The speakers focused on the following relevant issues:

1. Negotiations on the conclusion of a lease agreement (Article 434.1 of the Civil Code of the Russian Federation). How is practice evolving in this area?
 - 1.1. How it all started. The Auchan-Dekort, Orion-Tander cases, non-binding - Pro-koptsov-Terentiev case.
 - 1.2. What is new? The Irian-H&M case.
 - 1.3. Recommendations on how to conduct negotiations to conclude a lease Agreement.

2. Lease fee in a foreign currency.
 - 2.1. Development of court practice. What has changed since the VimpelCom-Tizpribor and Svyaznoy-Sklady 104 cases?
 - 2.2. How do you protect your interests when concluding a lease agreement for real estate with a foreign currency clause favouring the tenant, or the landlord?

3. Defects in the leased property?
 - 3.1. Legal grounds under Articles 612 and 614 of the Civil Code of the Russian Federation.
 - 3.2. Specific aspects governing the right of the tenant to eliminate the defects using its own resources and the right to a decrease in the lease fee.

4. Build-to-suit format in lease relations.
Substance of the format: obligation of the future tenant to pay for the work, including the construction of or modifications to a built property, and also the conclusion of the lease agreement. Legal issues:
 - 4.1. Form of implementation of the built-to-suit concept;
 - 4.2. Assignment of liability for the quality of the property: lease or contracting Agreement?

The event was followed by a lively discussion, with the speakers answering questions of interest to the guests.




Business Breakfast Moscow_Most pressing legal issues on the lease of real estate.pdf