Perspectives for the implementation of a smart contract for the lease (rental) of a vehicle

Abstract

The article is devoted to investigation of perspectives of implementation of the smart vehicle rental agreement. On the basis of current civil legislation the vehicle rental agreement is defined as an agreement under which a lessor transfers or undertakes to transfer to a lessee an air, sea, river vessel, ground self-propelled vehicle etc. in using for a fee for a certain period. A general legal characteristics of this agreement includes its reality or consensus, payment, timeliness and bilaterality. The list of features of the subject of the studied contract, which includes the inexhaustibility of types of vehicles, its technical features, the presence of signs of a source of increased danger, the existence of special legislation governing its use, and supplemented them by taking into account the volume and type of engine. Requirements to the form of the vehicle rental agreement, which generally is written, and if one of the parties is an individual, it is subject to notarization, are considered, and a possibility of its negotiation and further execution as a smart agreement is analyzed. The positions of scientists on the essence and main features of a smart contract which consist in its specifics regarding the form of negotiation and way of execution due to automation. The characteristics and problems of execution of the vehicle rental agreement which connected with activity of a lessee of a vehicle, bearing of expenses, insurance and causing a damage for a subject of the agreement and other person with using of a vehicle are followed. It is remarked the features of renting a vehicle with the crew which serves it. On the basis of the conducted investigation perspectives of implementation of the smart vehicle rental agreement are formulated, and they are seen in increasing the level of legality of the negotiated agreement, obtaining access to all necessary for parties information and electronic documents, automatic and timely payment of a rent, timely fulfillment of execution of a commitment and improvement of control over the subject of a rent.