Urban contracts
Introduction
The lease contract, rental or location (locatio-conductio by its original name in Latin) is a contract by which there is a relationship between two parties, through which they are obligated reciprocally and for a certain time to transfer a good or service, with the party that takes advantage of the possession being obliged to pay a certain price.[1].
It has to do with the price that can consist of a sum of money paid at once, or a periodic amount, which in this case is called rent. The rent can also be paid in any other equivalent thing, as long as it is certain and determined, for example, with the fruits produced by the rented thing (rent in kind")), which at the same time can be a previously fixed amount or a percentage of the harvest (sharecropping).
The lessor is the person who offers the product to be rented. The lessee or tenant is the person who receives the product to be rented. The term renter is used both for those who offer the product and for those who receive it.
Legal nature
It confers a title of 'mere holder', because the lessee does not have the title of owner, but rather recognizes the ownership of another (the lessor, in this case). Be it houses, cars, or different properties.[2].
Types of leases
Many Western laws, such as Spanish law, according to Roman Law, distinguish three species:[3].
-
- Lease (location of things or locatio conductio rei): this creates a personal bond, by virtue of which the lessee can demand the use and enjoyment of those things, while the obligation to pay the agreed grant weighs on him.
-
- Provision of services (location of services or locatio conductio operanum): in this the lessee is obliged to work or provide certain services to the lessor in the agreed manner, place and time through payment. The lessor is obliged to pay for the services. This type of contract ends due to breach of obligations, termination of contract or death.