Documentos de Académico
Documentos de Profesional
Documentos de Cultura
LEASE CONTRACT OF LEASE a contract by which one person binds himself to grant temporarily, the use of a thing or the rendering of some service to another who undertakes to pay some rent, compensation, or price. It may be created by contract as a general rule Lessee has not duty to make repairs Lessee has not duty to pay taxes Lessee cannot constitute a usufruct of the property leased It may be created by law, contract, last will or prescription Usufructuary has duty to make repairs Usufructuary has duty to pay taxes Usufructuary may constitute a sublease
CHARACTERISTICS: (lease of things) 1. Consensual 2. Principal contract 3. Nominate 4. Subject matter must be within the commerce of man 5. Purpose should not be minimal 6. Onerous 7. Period is temporary 8. Period may be definite or indefinite 9. Lessor need not be the owner RENT the compensation either in money, provisions, chattels or labor, received by the lessor from the lessee Requisites: 1. must not be fictitious or nominal otherwise the contract is considered essentially gratuitous 2. must be capable of determination 3. may be in the form of products, fruits, construction; as long as it has value LEASE DISTINGUISHED FROM USUFRUCT LEASE USUFRUCT Ownership on the part Ownership of the thing on of the lessor is not the part of the grantor is necessary to constitute necessary to constitute a a contract of lease usufruct It is generally a It is always a real right personal right and is a real right only by QuickTime and a TIFF (Uncompressed) decompressor exception are needed to see this picture. It is limited to the use It includes all possible specified in the uses and enjoyment of contract the thing Lessor places and Owner allows the maintains the lessee in usufructuary to use and the peaceful enjoy the property enjoyment of the thing Its term is generally for Its term may be for an a definite period indefinite period
WHEN LEASE OF REAL PROPERTY IS REAL RIGHT Generally, a lease of real property is a personal right. Exceptions: 1. if it is for more that one year and to be enforceable it must be in writing 2. if it is registered with Registry of Property, regardless of its period EFFECTS IF LEASE OF REAL PROPERTY IS NOT REGISTERED: 1. the lease is not binding on third persons; 2. such third person is allowed to terminate the lease in case he buys the property from the owner-lessor; 3. actual knowledge of existence and duration of lease, is equivalent to registration; 4. stranger knows of the existence of the lease, but was led to believe that the lease would expire soon or before the new lease in favor of him begins, the stranger can still be considered innocent. KINDS OF LEASE 1. Lease of things or properties whether immovable or movable property one of the parties binds himself to give to another the enjoyment or use of a thing for a price certain for a period which may be definite or indefinite but in no case will the period exceed 99 years. WHAT CAN BE THE SUBJECT OF A LEASE - only things which are within the commerce of man; lease of properties belonging to the public domain cannot be proper subjects of lease; such contracts are void.
Adviser: Dean Cynthia Roxas-Del Castillo; Heads: Joy Marie Ponsaran, Eleanor Mateo; Understudies: Joy Stephanie Tajan, John Paul Lim
Subleasing is Assignment is not allowed unless there allowed unless the is an express lessor gives his consent prohibition RESPONSIBILITIES OF A SUBLESSEE TO THE LESSOR: 1. for all acts which affect the use and preservation of the thing leased 2. for any rent due to the lessor from the lessee which the latter failed to pay - the lessor must collect first form the lessee - if the lessee is insolvent, the sublessee becomes liable (subsidiary liability)
are needed to see this picture. SUBLEASE ASSIGNMENT Lessee remains a Lessee is disassociated party in the contract from the original contract of lease Sublessee does not Assignee has a direct have any direct action against the action against the lessor, there being lessor novation