Liability of a Party under a Lease Agreement for Cultural Heritage Objects

Abstract

In this paper, the author analyzes the issues of bringing to liability, first of all, the lessee under the lease agreement for cultural heritage sites. The author dwells not only on the classic measures of liability — penalties and damages, but also on the unilateral refusal of the contract, which is recognized in civil science, as a rule, as a measure of operational influence and is not recognized as a measure of civil liability. In the course of analyzing the unilateral refusal of the lease agreement for cultural heritage sites, the author comes to the conclusion that the refusal of the contract can be recognized as a measure of civil liability in the specified legal relations on a par with penalties and damages. The amount of the penalty that is collected from the lessee under the lease agreement for cultural heritage sites seems excessive, which entails the inefficiency of the very institution of leasing monuments, since lessees become uninterested in leasing such objects due to high sanctions under the agreement.