أحكام الصيانة الجوهرية والتشغيلية في عقد الإجارة

الملخص EN

The study is a presentation and analysis of the maintenance provisions in the lease contract, whether related to essential maintenance or operational maintenance, according to what was stated by jurists.

the study aims to extract what jurists, past and present, have concluded from the legal provisions that determine the obligations of both the lessor and the lessee regarding maintenance work.

in the first axis, the study dealt with introducing the basic elements of the research, which are maintenance, its types, leasing, and the terms of its benefit as for the second axis, it dealt with the various maintenance provisions, those related to the essential parts, then those related to the operational parts, to be followed by researching the role of condition and custom in determining the maintenance obligations in the lease, with the statements being directed and analyzed.

the study concluded that essential maintenance is one of the lessor's obligations and cannot be charged to the lessor.

the tenant, and that operational maintenance is one of the tenant's obligations, and condition and custom may have a role in transferring maintenance obligations.