Unilateral termination of a land lease agreement at the initiative of the lessor (owner of the land plot)
On February 19! 2024! the Supreme Court! as part of the panel mint data of judges Unilateral termination of the First Judicial Chamber of the Civil Court of Cassation! in case No. 291/1502/22! proceedings No. 61-17234 st 23 (EDRSRU No. 117074230)! investigated the issue of the possibility of unilaterally terminating a land lease agreement at the initiative of the lessor (owner of the land plot).
Part one of Article 627 of the Civil Code of Ukraine provides that
In accordance with Article 6 of this Code! the parties are free to conclude a contract! choose a counterparty and determine the terms of the contract! taking into account the requirements of this Code! other acts of civil legislation! business customs! and the requirements of reasonableness and fairness.
The content of the contract consists of conditions (clauses) determined at the discretion of the parties and agreed upon by them! and conditions that are mandatory in accordance with acts of civil legislation (Part One of Article 628 of the Civil Code of Ukraine).
The contract is mandatory for execution by the parties (Article 629 of the Civil Code of Ukraine).
Parts one and three of Article 651 of the Civil Code changing world order: challenges and opportunities of the new era of Ukraine stipulate that the amendment or termination of a contract is permitted only with the consent of the parties! unless otherwise established by the contract or law . In the event of unilateral refusal of the contract in full or in part! if the right to such refusal is established by the contract or law! the contract is accordingly terminated or amended.
In accordance with parts two and three of Article 653 of the Civil Code of Ukraine
In the event of termination of the contract! the obligations of the parties shall be terminated. In the event of amendment or termination of the contract! the obligations shall be amend or terminat from the moment au emai list of reaching an agreement on amendment or termination of the contract! unless otherwise established by the contract or stipulated by the nature of its amendment.
