دراسة تحليلية مقارنة في التقييد القانوني لحرية المستأجر التاجر بنقل حق الإيجار التشريع الأردني و المغربي

Abstract EN

Commercial legislation regulated all the provisions related to the store, and indicated in the midst of this regulation the set of moral and material elements that compose it, and legally confirmed that the rent contract is one of the elements of the store, and despite the existence of this regulation, its provisions for waiving the right of rent were incomplete and did not fulfill the purpose.

in order to complete the shortfall in this aspect, the issue was referred to the legislations concerned with regulating rent contracts, and as it is not concerned with commercial operations as much as it is concerned with the interests of the lessor and the tenant, the issue of transferring the right of rent in the event of the merchant’s vacancy from the store has raised a major problem, as some legislations did not differentiate between rent for the purposes of exploitation.

commercial and renting for residential purposes, and the freedom of the tenant was restricted to forfeit the commercial asset and void the rent contract with the consent of the owner, as is the case in jordanian legislation.

this is the case in Moroccan legislation.