علاقة الالتزام بضمان عيوب المبيع ببعض الالتزامات الحديثة : الالتزام بالمطابقة و الالتزام بالإعلام

Abstract EN

Starting from the idea of allowing the lesse to benefit from the rented property, the lessor is bound to deliver this latter to the lessee in a condition useful for its usages.

so as the enjoyment will be calm and complete, in addition to that, he should warranty it.

this mortgaging is devided into two classes : the empeachment warranty, and the warranties against hidden defects.

the empeachment achieved when the lessor or other third party acts or behaves in a way that it impacts negatively on the lessee’s enjoyment and, in fine, on the possession.

these are two types of individual empeachment : from the lessor and another empeachment from a third party.

thus, the lessor should commit himself by preventing the lessee from all forms of individual empeachment for the rented property enjoyment or its outbuildings.

this warranty includes the legal and the material empeachment, and this induces its achievement through the lesse’s right in executing the enjoyment warranty or its avoidance, request the termination of the lease or the rental price reduction.

the lessor warranties the legal empeachment deriving from a third party.

in this case, the lessee will have the right to be indemnified and the right to repel by using all the possession applications in facing the opponent.

if the lessor fails to repel this empeachment and the opponent needs the rented property this leads to deprive the lessee from its enjoyment and whereas he is bound to ensure this enjoyment.

this latter will have the right to terminate the contract or benefit from a rental price reduction without prejudice of his right to be indemnified.

moreover, the lessor warranties any potential defects in the rented property which may impede the tenant from enjoying or lessening concretly his enjoyment ; meaning defects necessairy to warranting all evils brought about to the rented property which do not usually encounter in ordinary cases which handicap the lessee’s enjoyment or lessen sensibly its use.

the lessor warranties all the defects except the ones known as tolerated.

the lessor warranties also the rented property from absence of the aspects he promised to provide for.

so, the existence of defects induces the lessee’s right in the implementation, rental price reduction or termination with compensation.