The Legal Nature of the Agreement on the Retail Market Trading Place Lease

Abstract

The paper scrutinizes the legal nature of the agreement on the retail market trading place lease. Neither the doctrine nor law enforcement jurisprudence provide for the common understanding concerning this issue. The author determines three approaches to qualifying this agreement as a contract of services, as a non-defined contract and as a lease agreement. The main difficulty in this contract qualification is that the law-maker does not define the legal nature of the trade place as the object of law. When examining this question, the author primarily relies on the economic nature of this agreement and its objective that means providing a trade place for temporary use, with the trade place being treated as a part of a building (or a land plot) depending on the type of the market. Thus, the author, on the basis of the study where he examines different scientific approaches to the criteria of the contract system formation in Russian law and jurisprudence, concludes that the agreement on retail market trade place lease amounts to a lease agreement as both agreements are aimed at granting the right to use property.