Lease
Immobiliarmiete called the paid transfer of residential premises and land as well as the renting of business premises.
- 2.1 provision of premises 2.1.1 rent law
Legal families
German legal system
The German law considers the residential and commercial lease as a contractual obligation and regulates it in the 8th section of Book 2 of the Civil Code; it develops only blame legal, no proprietary effects. In Austria, the rent is grundbuch capable indeed as a right in rem; However, the effect of registration exhausted by the fact that a new owner to the rent made against itself. In the BGB follow general rules that capture the furniture rental, in § 549 to § 577a BGB specific rules on the living room hire.
The German law also distinguishes between mere use, for the rent and the additional permission of the fruit drawing, the lease. The lease is subject, if it is designed as a land lease agreement, the special rules of § 585 BGB. According to § 581 paragraph 2 BGB the rules of tenancy, however, are applicable by analogy to leases, so far as not to § 584b BGB results from § 584 otherwise.
Romanesque jurisdiction
French law summarizes the contrat de bail in Roman legal tradition as a form of contrat de louage ( the Roman locatio - conductio ) on. The contrat de louage detects the release of things ( louage de choses, locatio - conductio rei ) and services ( louage d' ouvrage, locatio conductio operarum ). Neither between services and works contract nor between rent ( bail à loyer ) and lease ( bail à ferme ) is uniformly and precisely in Articles 1714 et seq C.civ. distinguished. The Housing Tenancy is largely replaced by special law (Law No. 89-624 Attendant les rapports à améliorer locatifs ).
Scandinavian legal family
The Immobiliarmietrecht Sweden ( hyra ) is set largely by chapter 12 of the Land Code ( jordabalk ) from 1970; it is systematically attributed to the thing right. Swedish law distinguishes between hyra and arrende. The rough German translation with or rental is the substantive difference between the two, however, only distorted again: The difference is not in kind, but in the object of the release; while the hyra means the provision of a building or building unit jord means the transfer of land.
Common Law
After the Anglo-American law can housing ( dwelling ) be left by license or lease for use. By license creates a purely contractual legally acting ratio, the licensee has no exclusive possession. Legally, however, is designed to cause the lease. English law has for historical reasons - all land belongs to the crown - never trained a continental European law comparable ownership of land. Rather, the sovereign rights be it in freehold ( no time limit, corresponding approximately to the full ownership ) and leasehold ( limited ) divided. The lease is transferred according to the legal contract by conveyance; the parties are landlord (about, landlords ') and tenant (about, tenant ').
Comparative Study
Provision of business premises
Rent law
The amount which the tenant must pay the landlord as consideration for the transfer, is called rent. In all large jurisdictions there for early rent freedom of contract: The parties may agree on the rent -free. A special feature is familiar with the French legal practice: The tenant must at the beginning of the tenancy the landlord a so-called entrance fee, pay the pas de porte. Its legal nature as well as its ratio are controversial: He defended the fact that the tenant had to " buy" through the pas de porte the high level of employment protection in France only.