RESOLUTION OF THE PLENUM OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of December 1, 2011 No. 234

About some questions of application by economic courts of regulations of the civil legislation on property hiring (lease)

For the purpose of ensuring the correct and uniform application by courts of regulations of the civil legislation on property hiring (lease) by consideration of the disputes following from lease agreements, being guided by article 47 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Economic Court of the Republic of Uzbekistan decides:

1. In case of the dispute resolution, following from agreements of property hiring (lease) (further - the lease agreement), courts shall be guided by the Civil code of the Republic of Uzbekistan (further - group of companies), the Law of the Republic of Uzbekistan "About lease" (further - the Law) and other acts of the legislation containing regulations on lease.

2. The main document governing the relations of the lessor with the employer is the lease agreement. In case of assessment of provisions of the lease courts shall consider that owing to part one of Article 364 of group of companies the agreement is considered the prisoner if between the parties in the form required in proper cases the agreement on all essential terms of the contract is reached.

3. Courts should mean that according to part one of Article 537 of group of companies objects of lease, in addition to listed in the specified Article, can be as well other inconsumable things. The things intended for numerous use, keeping at the same time the original form for a long time, and which are wearing out gradually are recognized inconsumable (furniture, household appliances, etc.).

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