Point of law: whether the consent of the seller of a real estate item (an edifice) to divide the land plot for the purpose of forming the land plot necessary for the use of the real estate is required, or such consent is not needed and the right to lease such land arises in the purchaser by virtue of the law?

Alternative solutions: 1) the purchaser of an item of real estate which is situated on a land plot belonging to the seller by virtue a lease contract shall acquire the right to lease the respective land plot, regardless of whether he has a properly formalized lease contract with the owner of the land plot; or 2) it is required to receive a written consent of the seller of the real property to the division of the leased land plot for the purpose of formation of a land plot necessary for the use of the real estate.

Ratio decidendi: the Presidium found the first solution to be legally correct.

Practical consequences: the Judgment says that prior court decisions in analogous cases if inconsistent with this interpretation may be reversed in the procedure and within the limits envisaged by Art 311 of the Commercial Procedure Code.