الطبيعة القانونية لتصرف المستأجر في حق الانتفاع بين التنازل عن الإيجار و الإيجار من الباطن

الملخص EN

The jurisprudence provided several criteria that can help in reaching to the right adaptation of the tenant’s disposition, such as reliabling on how to pay for the disposition, and the amount of the leased property included by the disposition, also the fact that there are two lease contracts, but the legal nature of the disposition considers as the precise criterion.

The lease assignment is a transfer of right and debt, however, the sublease is a new lease contract.

And this different nature of the tow dispositions leads to a several other differences between them, both in the rules governing each disposition, or the effects of each one of them, the tenant’s relationship with the assignee differs from his relationship with the subtenant, and the tenant’s relationship with the lessor in the lease assignment differs from his relationship with him in the sublease, also the lessor’s relationship with the assignee differs from his relationship with the subtenant.