Vehicle hire charge as an essential condition of the vehicle hire agreement

Authors

DOI:

https://doi.org/10.37772/2309-9275-2021-2(17)-32

Abstract

Problem setting. A vehicle hire agreement is a payment agreement in which a counter-provision is required: the lessee is obliged to pay a fee for the use of the vehicle hired from the lessor.
Despite the fact that a significant amount of research has been devoted to the study of rental fee in property lease contracts, vehicle hire charge has not been sufficiently studied by scientists, and the legislation governing this issue is imperfect and needs to be amended, as evidenced by the drawbacks of lessors as business entities in the application of the provisions of current legislation on vehicle hire charge.
Analysis of resent researches and publications. The issue of rental fee has been studied by legal scholars in various respects. Basic research in this area has been conducted by M. Brahinskyi, V. Vitrianskyi, E. Vakulovych, O. Ioffe, I. Kalaur, M. Moroz, I. Churkin and others. At the same time, the issue of vehicle hire charge as an essential condition of the vehicle hire agreement was given insufficient attention, and thus the matter is urgent and requires further investigation.
Target of research. The purpose of this paper is a general study and analysis of the vehicle hire charge as an essential condition of the vehicle hire agreement.
Article’s main body. The article provides general study and analysis of of the vehicle hire charge as an essential condition of the vehicle hire agreement (its essence, setting and changing deadlines and forms of payment). The provision is substantiated that in the relations of vehicle hiring the rate is the cost of using the vehicle, as a rule, for a certain unit of time. Ensuring the uniformity of the terms of the vehicle hire agreement as a public contract for all consumers, in terms of the form of payment for hiring, can only be established in monetary terms, taking into account economic nature of money, as a single and common equivalent value of any product. According to the author, the vehicle hire charge which the lessee should pay to the lessor for the entire period of its use is the price of the vehicle hire agreement.
Conclusions and prospects for the development. The vehicle hire charge which the lessee should pay to the lessor for the entire period of its use is the price of the vehicle hire agreement. Based on its economic nature, the rate can be set only in monetary terms, as it is the cost of using the vehicle for a particular unit of account (time or distance).
Ensuring the uniformity of the terms of the vehicle hire agreement as a public contract for all consumers, in terms of the form of payment for hiring, can only be established in monetary terms, taking into account economic nature of money, as a single and common equivalent value of any product.

References

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Published

2022-02-10

How to Cite

Тиндик Максим. (2022). Vehicle hire charge as an essential condition of the vehicle hire agreement. Law and Innovation Society, (2 (17), 240–247. https://doi.org/10.37772/2309-9275-2021-2(17)-32

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Articles