To understand the place and role of lease in modern Russian law, it is necessary to study this institution from a historical perspective. In our opinion, it is best to consider this topic using the example of renting a plot of land.

It seems obvious that the influence of Roman legal institutions on the development and formation of modern Russian law, including land law, as a complex branch of Russian law. Land lease is a complex institution of land law. Nevertheless, the civil law nature of the origin of the institution of lease as an institution of civil law is unconditional. There is also no doubt about the influence on the development of the right to lease in general and the right to lease a land plot in particular of such a Roman legal institution as rent. In addition, such institutions of Roman law as emphyteusis and superficies, from our point of view, had a certain influence on the development and establishment of the right to lease a land plot in its modern form as a comprehensive institution of Russian land law.

Leasing of land in Roman law.

Roman law understood a lease agreement as a contract for the rental of things (location-conductio rerum). Under such an agreement, one party (the lessor, or locator) was obliged to provide the other party (the tenant, or conductor) with one or more certain things for temporary use, and this other party was obliged to pay a certain remuneration (merces, pension) for the use of these things and upon completion use, return the items safely to the renter Novitsky I.B., Peretersky I.S. Roman private law: Textbook. M.: Yurist, 2004. P. 501. .

Property rental in Ancient Rome had a class character, since not all free citizens were equal in property terms. Simultaneously with the large landowners, a layer of free peasants formed, who either owned small plots of land or were completely landless. These peasants rented plots of land from landowners for cultivation. The difference in the property status of landlords and tenants also caused more precarious legal status the latter in relation to landlords. It was expressed in the fact that the tenant of the land was not considered by Roman law as an owner and, accordingly, was deprived of independent protection against all kinds of unauthorized encroachments on his land, i.e. The tenant was forced to defend his rights through the landlord. Ibid. P. 502..

The subject of a property lease agreement could be both movable and immovable things, and the lessor did not have to be the owner of the thing; he could give someone else’s thing for use. As a reward for use, a rent was paid, which was usually determined in monetary terms, but for agricultural lease agreements, rent in kind was allowed, which was determined by the agreed quantity of products or shares of the harvest. Tenants under such agricultural lease agreements received a special name - tenants from a share or tenants-shareholders. Ibid. P. 503..

The term of the lease agreement was not prerequisite, it was possible to conclude a contract for an indefinite period. In this case, the contract could be terminated at any time at the request of either party. Payment of rent in kind could take place during an agricultural lease and was expressed in a certain, pre-agreed amount of products received by the tenant as a result of agricultural work on the leased land. However, the condition of paying rent in kind could be extremely unfavorable for the employer, since the harvest could turn out to be less rich than expected. Nevertheless, Roman jurists described similar cases. Any extraordinary circumstances of force majeure were considered by Roman law to be at the risk of the landlord, in which case the tenant was released from the obligation to pay rent. In case of failure to receive the expected harvest for reasons other than force majeure, the risk was borne by the employer. It was allowed, however, to reduce the rent in a bad year with the condition that in a good year it would be paid taking into account the underpayment for the year of bad harvest. Ibid. P. 505..

At the end of the lease period, the land plot was returned to the lessor. In case of failure to return the land plot voluntarily and on time during the imperial period (484), the tenant was obliged in court not only to return the land plot, but also to pay its cost, i.e. in this case, the tenant who violated the terms of the contract was equated to an invader of someone else's property. And according to classical law, the tenant was obliged to pay losses incurred by the landlord from the untimely return of the land plot.

At the end of the lease agreement, the Roman tenant, for his part, had the right to demand compensation from the landlord for the costs of improving the land, if it was done at the expense of the tenant and increased its value (built buildings, for example), although this was not provided for in the contract, however was necessary or expedient from an economic point of view.

Roman law allowed the tenant to sublease a plot of land if this was permitted by agreement with the landlord. In this case, the tenant remained responsible to the lessor, who, on his own behalf, was responsible for the guilt of everyone whom he allowed to the rented thing, as for his own guilt. Ibid. P. 506..

The rental of a plot of land, as well as other immovable property, in Roman law had an exclusively legal nature. This nature was manifested, in particular, in the fact that the lessor had the right to transfer his land plot to the new owner even before the expiration of the lease period, while the new owner of the land plot was not bound by the agreement of his predecessor, unless there was a corresponding condition in the purchase and sale agreement. However, despite the alienation of the land plot, the tenant had the right to sue the landlord if their relationship with the lease of the land plot was not terminated.

So, if Roman law was still on the side of the landlord, perhaps because it was predominantly of a class nature, then modern Russian law, in the event of a change in the owner of a land plot, protects primarily the interests of the tenant (tenant). This reveals the proprietary elements of a lease agreement (tenancy) inherent in modern Russian law: the right of succession and proprietary protection of the tenant as the title owner, which were absent in Roman law M.I. Braginsky, V.V. Vitryansky. Contract law. Agreements on the transfer of property. Book 2. M.: Statute, 2002..

According to Roman law, a contract for the lease of immovable property was terminated upon the expiration of its validity period, but the lessee was considered to have rehired the property if he continued to use it after the expiration of the lease period in the absence of objections from the lessor. "...Intellegitur... dominus, cum patitur colonum in fundo esse, ex integro locare - the owner who leaves the tenant on the plot (after the expiration of the lease term) is considered to have rented the plot again" Novitsky I.B., Peretersky I.S. Roman private law: Textbook. M.: Yurist, 2004. P. 508..

Roman law in some cases allowed unilateral refusal of the contract, for example, if the provided land plot turned out to be unsuitable for use. The contract could be terminated early if the tenant did not pay rent for two years in a row or in any way damaged the leased area, I.B. Novitsky, I.S. Peretersky used it carelessly. Decree. op. P. 508..

Early termination of the lease agreement at the request of the lessor is possible in the event of failure to pay rent more than two times in a row after the expiration of the period established by the agreement. As for the negligent attitude towards the land plot, in addition to violating the terms of the contract for maintaining the plot in proper condition, for which the same contract may provide for the possibility of its termination, modern Russian legislation imposes separate requirements for users of land plots, including tenants their protection and rational use not just as real estate objects, but also as natural objects and resources. Roman law considered a land plot exclusively as an object of real estate.

Tenant of a small plot of land from a large landowner in Ancient Rome

The first letter is "k"

Second letter "o"

Third letter "l"

The last letter of the letter is "n"

Answer for the question "Tenant of a small plot of land from a large landowner in Ancient Rome", 5 letters:
column

Alternative crossword questions for the word colon

This city in Panama got its name from the Spanish form of the surname of the discoverer of America, Christopher Columbus.

Rhythmic unit of prose speech: groups of 2-4 words, intonationally and syntactically uniform, separated by light pauses

rhythm. unit of prose

Rhythmic unit of speech

Argentine football club

City and port in Panama

Byzantine, Roman peasant

Definition of the word colon in dictionaries

Wikipedia Meaning of the word in the Wikipedia dictionary
Colon is one of the provinces of Panama. Administrative center- the city of Colon.

New explanatory dictionary of the Russian language, T. F. Efremova. The meaning of the word in the dictionary New explanatory dictionary of the Russian language, T. F. Efremova.
m. Group of feet with one rhythmic stress (in ancient poetics); poetic line. m. Tenant of a small plot of land that belonged to a large landowner (in Ancient Rome). Representative of one of the categories of feudal-dependent peasants:...

Examples of the use of the word colon in literature.

True, this document so far only provided for the distribution of empty lands, as well as the transfer of ownership columns, sharecroppers, tenants of those small plots of land on which they work, with preliminary monetary compensation to the owners of this land, whether private individuals or the state.

Colon and Yash united their empires, Colon and there were enough people who knew metalworking who helped the Tarascans achieve such success that they even learned to cast cannons.

Po Shoseto se vlacheshe dalga column from ednakvi petnisti kamioni from karoseria from nagnato crookedly zaniteno zhelyazo.

He visited everywhere, walked with mestizos, and with Negritos in New Orleans, and with Chinese women in Seattle, Washington, and with a purebred Indian in Bette, Montana, and with French and German Jewish women in Colone, and with an old Caribbean woman of ninety years of age in Port of Spain.

If it were otherwise, they would have escaped too easily columns from the land, assigned and serfs - from arable land, arrears - from the collectors, slaves - from the owners.

- (Colón), a city in Panama. 52 thousand inhabitants (2000). Founded 1850–52 builders of the Panama Railway Main trade. the port of the country at the entrance to the Panama Canal from the Caribbean Sea, on the Manzanillo Peninsula. Zhel. and highway. connected by roads to the capital. Dictionary of geographical names