The Essence, Content And Validity Of A Rental Agreement

This article examines the legal nature, content, and historical origins of the rental agreement under Uzbek civil law. Drawing on Chapter 32 of the Civil Code of Uzbekistan, the author traces the emergence of rent as a contractual institution from medieval European law, where it arose partly due to a shortage of currency and church-imposed prohibitions on usurious lending. The article analyzes the essential characteristics of the renta agreement — its real and unilateral nature, its aleatory (risk-based) character — and distinguishes it from related contracts such as sale, exchange, and donation. Particular attention is paid to mandatory requirements governing form (notarization and state registration), the encumbrance of immovable property transferred for rent, and mechanisms for securing the rent payer's obligations, including pledge, guarantee, bank guarantee, insurance, and penalty. The article also discusses the interplay of dispositive and imperative principles in the legal regulation of renta relations, and examines statutory protections afforded to rent recipients, including the accrual of interest for delayed payments. The author concludes that, while renta shares structural similarities with alienation contracts, it constitutes an independent legal institution distinguished by its long-term, stable, and aleatory character, and by the social-protective function it fulfills in the civil turnover of property.

Ҳали таржима қилинмаган