تصرف المستأجر في حق الإيجار

Abstract EN

The lease contract is one of the so-called that are given to things and real estate and it is a binding contract for both sides that entails rights and obligations for both parties and if rent is one if the most important rights resulting, for the benefit of the lessor them use of the leased property is considered the essence of the lease contract and with what the right to benefit from personal and financial right it is permissible for the tenant to dispose of it, and this disposal is often by way of assignment of rent or sub-lease, they are two behaviors close to each other, where if the tenant doses nit specify the disposition that the did in the contract, them confusion will accur between them, so the disposition must be precisely defined because they differ from each other in terms of the legal nature and consequence.

and the Algerian legislator prevented the lessee from acting in this right to usufruct as an asset in article 505 of the civil code, in violation of most Arab and foreign legislation, such as the Egyptian and French legislation, but he mad an exception which is to obtain the written consent of the lessor.