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Свойство следования аренды в случае смены арендодателя для целей применения пункта 1 ст. 617 ГК РФ (на примере обязанности арендодателя вернуть неиспользованный страховой депозит)
In the event of a change of the lessor the lease agreement remains in force (succession of lease — clause 1 of article 617 of the Civil Code of the Russian Federation). However, the variety of lease relations and their «complication by various circumstances» (various security obligations in the form of a security deposit, bankruptcy, improper performance of another obligation, etc.) give rise to specific questions for which the clause 1 of Art. 617 of the Civil Code of the Russian Federation, being formulated simply and succinctly, does not give direct answers. For the purposes of interpretation of the given rule of law along with the functional meaning thereof, the author attempts to analyze the legal positions of the Supreme Court of the Russian Federation. The analysis thus undertaken enables the author to formulate the conclusions and recommendations with regard to the meaning of clause 1 of Art. 617 of the Civil Code of the Russian Federation on the «conservation» of the lease agreement as the entire set of existing lease rights and obligations as of the date of the change of the owner of the leased property. Any relationship between the owners of the property is beyond the scope of the lease agreement and therefore cannot affect the existence and enforceability of the lessee’s claims. If the security obligations provided for in the lease agreement imply the receipt by the lessor of a certain property for the lease period, then such property must follow the line of the leased property 8 pnqqhiqj`“ ГРАЖДАНСКОЕ ПРАВО № 4/2021 in the event of a change of ownership. However, the provisions of clause 1 of Art. 617 of the Civil Code of the Russian Federation are dispositive and can be changed by agreement of the parties. This allows to apply the effect of the general rule to the meaningful nuances of specific lease relations