The joint-stock company signed a contract with the owner of the building, on the basis of which the company received the right to use the roof of this building for advertising.
After the expiration of the established period of validity of this contract, the owner refused to the joint-stock company to conclude a contract for a new term, concluding a similar contract with another person.
The joint-stock company, believing that the contract concluded between it and the owner is a lease agreement for the roof of the building, on the basis of Article 621 of the Civil Code of the Russian Federation appealed to the arbitration court with a claim to transfer the rights and obligations under the second contract. In the statement of claim, the company indicated that it had installed its billboards on the roof for two years and had faithfully fulfilled the obligation to make payments.
The court dismissed the claim, declaring not subject to application Article 621 of the Civil Code of the Russian Federation.
Analyze the court decision.
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