Who can sign a lease?

LEASES

 

 

 

 

 

 

 

 

 

 

 

The legal regulation requires that both landlord and tenant have the capacity to sign a lease.

Lessor

The lessor, can be both the owner, as the holder of the right of use or enjoyment of the thing that is not personal or transferable.

It can be a natural or legal person having the have sufficient capacity to, especially when the duration of the contract may be extended by the lessee will lengthen the contract during over six years. Over this period is considered an act of disposal, having a greater importance than they are acts of ordinary administration. In this manner, Parents and guardians need judicial authorization (art. 1548 the C.Civil) and administrators need a special power. If it were a property belonging to a company in bankruptcy, must be scheduled trustee's ability to perform this type of contract in the order of declaration of insolvency or need approval by judge. Minors but over 16 years and under curatorship, need their parents or guardians to sign leases with a duration greater 6 years old.

If it is a property of the conjugal partnership, you need the consent of both spouses, for contracts of more than 6 years old.

In case that the contract has an shorter than the 6 years old, is considered to be an act of ordinary administration and not require enhanced capacity.

Lessee

The lessee can be both natural and legal persons in the case of a lease for use other than housing.

If it is a rental housing, discussed whether they should be only natural persons or legal persons allowed.

Must have general capacity to contract.

They need the assistance of parents, guardians, conservators or receivers unemancipated minors, the disabled and those undergoing bankruptcy.

The issue has so far raised over complication. Problems arise when changes occur in the subject of the lease, but this will be subject to other future entries.

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