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Что происходит с правом собственности на предмет лизинга, если пропущен срок исковой давности по лизинговым платежам?
The article substantiates that the credit nature of leasing and the secured nature of the lessor’s ownership of
the leased item prevent the application of any approaches developed in court practice with respect to leasing as
applied to rent. There are significant differences between the claims for the return of property transferred to the
lessee and the tenant (in a traditional rent contract, i.e. transfer of possession for a rent), as their purposes differ,
and this difference is predetermined by the different legal nature of leasing and rent.
The limitation period for the return of the leased asset is akin to a pledgee’s claim for foreclosure. The lessor takes
back the leased item for one purpose — to sell it at an auction or in another manner established by the parties
and to obtain satisfaction of its monetary claims. Thus, this right depends on the status of monetary settlements
between the parties.
If the lessor’s claims are current and outstanding, the limitation period for a claim for the return of the leased
asset shall be calculated from the date of the lessee’s breach of an obligation secured by the lessor’s title to the
property. If the lessor has missed the limitation period for the lease payments, the lessor can no longer recover
them from the lessee through (provided that the latter rises this objection). In this case, the lessor’s security
interest, which is obviously accessory in nature, also loses its basis.
The lessor’s security interest is to take the leased asset for itself in order to satisfy its claim against the lessee
from the proceeds of the sale. However, this interest cannot be realised, therefore, the satisfaction of the claim to
take away the leased object is legally meaningless. By virtue of clause 3 of art. 199 and art. 411 of the Civil Code
of the Russian Federation, the lessor will not be entitled to receive satisfaction from the said proceeds due to the
omission of the limitation period for recovery of the leasing debt. Having sold the leasing object, it will be obliged
to return its value in full to the lessee.