أثر التعديلات في أحكام عقود الإيجار التجاري بالقانون 05-02 على إتفاقات الأطراف

Abstract EN

The modification of commercial lease provisions by act no.

05-02 of 06 February 2005 drastically changed the main foundations of commercial lease.

in particular, the tenant of the property to engage in a business-under the lease-has the right to renew the contract by force of law or to receive compensation in return for the lessor's refusal to renew it.

this tendency, which was establishing the preference of business property over real estate property in economic terms at the time, but this tendency in practice, behind problems and litigation, has hampered the dynamism of economic activity in general.

the modification encouraged the commercial transactions described to be free of restrictions and procedures previously imposed, but it imposed formality upon the establishment of such contracts, giving the parties the freedom to choose the legal system most appropriate to govern their rental relations.

good knowledge of the requirements of the provisions of the regulations is imperative for the notary as the editor of the contract, and to act with great skill and expertise in advising and informing the parties of the legal implications of their agreements.