Location of things

Article 1.493 states: "There will be a lease when two parties mutually obligate themselves.
to grant the use or enjoyment of something, or to carry out a work, or to provide a service;
and the other to pay for this use, enjoyment, work, or service, a determined price of money.

The lease contract may object to the regulation of movable goods,

properties, personal work, professional, artistic, scientific, etc. The code has had
presents, mainly the regulation of real estate, since it is on them that legislation is based.
extensively.

Characters

Bilateral, 2 parties lessor and lessee

Costly, there are reciprocal considerations
Commutative, at the celebration the parties agree on the performances that must be fulfilled
Consensual, by the mutual consent of the parties
In successive tract
Nominated or typical, it has a name and legal regulation.
No formal, in principle it does not require it.
Temporary, it always has a duration.
Transferable to the heirs, under article 1496

Comparison with other figures

Location of thing
The use and enjoyment is transmitted, it is consensual, and the tenant has the right to the fruits.
Buy and Sell
The ownership of the thing is transferred.
Loan for use
It is a real, essentially free contract.
Location of work and services.
It is the provision of a service or the execution of a work, there is no use and enjoyment.
Deposit
It is a real contract and does not allow usage
Society
When a partner delivers something for the company to use and enjoy, it is not based on a
not as a consideration for termination but as a contribution.
Mutual
It is a real contract through which fungible or consumable things are delivered, transmitting
the property that a certain amount is returned in a specified period of time
but the fixed interests.
The transmission of ownership and the real character set it apart from rental.
Usufruct
When the usufruct is onerous, the distinction is more subtle, both the usufructuary and
The tenant has the use and enjoyment of the thing and must pay a price in money.
According to the classics, the difference would lie in that one is a real right and the other is a ...
personal right. We could point out some distinctions, such as that the lease is
essentially burdensome, the usufruct is essentially free, although it is sometimes
onerous.
The location cannot be more than ten years, legal entities up to twenty years. The
usufruct can be without term, even until death
The rental is done only by contract; the usufruct can be by contract.
disposition of a will, or when it arises from usucaption. 2817.
The lease is transmitted by reason of death, the usufruct is not.
The location is purely consensual, except for the properties, while the usufruct
it must be constituted by public deed.

The use and the room

It is not a convention between the holder and the one who occupies the property, but it arises from a
legal disposition.
No price is agreed upon and it is a real contract.

Consent
It should focus on the following points
1. The nature of the contract
2. The thing that is rented.
3. The price.
4. The duration of the contract.
5. The fate of the thing.

If the thing is not expressed, the contract is null due to lack of object, just as if it did not exist.
agreement between the parties regarding the nature of the contract.

Types of Consent
The location may be subject to:
Deadline, (certain or uncertain)
Suspensive or resolutory condition
Cargo.

It is uncertain in a 'lease until the moment of harvesting a crop'.

It is also valid if the contract stipulates that it will last until the lessor pleases.
It could also be agreed that the rental contract takes effect from a certain point.
date (suspensive deadline) (lease promise.)

Location of properties

a) Capacity

Those who have the administration of their assets can lease their things and take the
foreign in leasing, except for the limitations that special laws may have imposed
to their right. The administrators of other people's assets can lease, except also the
limitations that the laws would have placed on their right.

b) Form

It can be done verbally and in writing, in the form of a public instrument or

private. The essential elements for its existence are: the consent of the
parts, the thing whose use or enjoyment has been given to another and the stipulated price.
c) Object
What Locada
The general principle
art. 1499
All immovable and non-fungible assets.

The Indeterminate Things

art. 1500
Indeterminate things can be the subject of lease contracts.
Indeterminacy must be relative, having to be determined at least in its kind.
1170.
Example: The case of renting a car in another country to use it only requires
that it be useful

Contract for the Lease of Nonexistent Things and Future Things

Non-existent things cannot be the subject of a rental contract.
Future things, yes, subject to them coming into existence

Things Outside of Commerce

For the law, leasing and transfer are not treated the same.
The law does not prohibit leasing things that it prohibits selling (1501). The limitation is for the
that were out of trade for being harmful to the public good or offensive to morality
and good manners.
They can be affected by both absolute and relative inalienability.
Example: a public square cannot be leased, but small spaces could be.
there would be occupancy permits, which are precarious.
The organic law of the Capital does not allow the leasing of tombs.
Regarding the parents: how they have the usufruct of the children's assets until the
these can be leased when they reach legal age
Regarding the curators or guardians: they can lease without prejudice to having
to be held accountable

Lease of Rights
Our law allows leasing only material things.

Lease of Commercial Funds

It is a problem of Commercial Law
The complexity of the elements that make up goodwill shapes the
impossibility of including it as a lease contract.
In the case that the premises are owned by the one who intends to lease a business.
Trade, there would be no legal obstacle, but since active credits also exist.
and liabilities, the necessary notifications must be made regarding the consequences of
third parties.
If the premises are not owned by the person who intends to lease the business assets, then
which generally refers us to a special problem.
So the material things that make up the background would initially be or could be
location object as long as they are non-fungible, for the reason of returning exactly what is
it was crazy, but the immaterial elements would be a matter of another designation.

Leasing of things that are totally or partially owned by others.

Partially foreign: the condominium
Article 2682
The co-owner cannot alienate, establish easements, or mortgages to the detriment of
rights of co-owners.
The lease or rental made by any of them is of no value.
Except, according to article 2683 that did it in his lot.

Other people's things

These leases and their effects are related to the consent of the holder.
of the thing and the good or bad faith of the contracting parties
It may also happen that the landlord makes a mistake, in the case of the heir.
apparent (unless the tenant is acting in bad faith)

Effects concerning the true owner.

The owner, as an outsider, can demand the immediate delivery of possession.
Nothing prevents him from ratifying the contract, either express or implied.

d) The destination of the properties

The use for which a thing is rented or leased must be an honest use, and that
Do not be contrary to good customs. Otherwise, the contract is not valid.

When the use that should be made of the thing is expressed in the contract, the
the tenant cannot use the thing for another purpose. If the enjoyment were not expressed
what must be done with the thing will be what, by its nature, is intended to provide, or the
that the custom of the place serves him. The landlord can prevent the tenant from doing
serve the thing for another use.

When the use of the thing is stipulated, the landlord shall have the right to oppose that the
tenant uses it for a purpose other than agreed, under penalty of paying for damages and
damages caused to him.

e) Lease term

The maximum time for which something can be legally leased is ten years.
Whoever is made for a longer time will be concluded in ten years. When the
The lease is for a property whose fruits are harvested each year, and it was not to be.
the duration of the lease stipulated in the contract shall be deemed to have been made for a period of one
year; when its fruits are collected after a few years, the lease is judged
made for as long as necessary to be able to perceive the fruits.

According to the present law, the minimum term for leases intended for housing shall be
two years. Contracts made for shorter terms will be considered as
formulated by the minimum deadlines previously established.

The minimum legal deadline does not apply to contracts for embassy premises,
consulates and international organizations intended for diplomatic and consular personnel,
the locations of furnished homes that are rented for purposes oftourism, the
occupations of spaces or places intended for the storage of animals, vehicles, or others
objects, the locations of stalls in markets or fairs, the locations where the
National or Provincial States, the Municipalities or autonomous entities should be part as
tenants.

f) Obligations of the lessor

The lessor is obliged to deliver the thing to the lessee with all the accessories that
depends on her at the time of the contract, in good condition to be suitable for the use for which
it has been hired, unless it is agreed that it is delivered in the condition in which it is
hello

After the lessor delivers the item, they are obliged to keep it in good condition and to
to keep the tenant in peaceful enjoyment of it for the duration of the lease, making
all acts necessary to its purpose.

g) Obligations of the tenant

When concluding the lease agreement, the use of the thing established cannot
to be used otherwise for that purpose; but when the use or enjoyment was not stipulated, it will be for him
usually similar things serve, considering the nature of things, and
the customs of the place.

The use or enjoyment made outside the terms of the contract or in the absence of agreement with
regarding outside of what marks traditional use, the quality of the thing or custom,
the lack of compliance is important on the part of the tenant. If the tenant for a enjoyment
abusive causes harm to the landlord, they can claim losses and interest, and
depending on the circumstances, the elimination of the causes of harm or the termination of the
leasing.

Another obligation of the tenant is to pay the stipulated price; also to return to the landlord the
thing object of the contract in the conditions in which it was received or in which it would have been
stipulated.

h) The rental price

a) Determination of the rental price: the fixing and the price by the parties is not
it must present legal inconveniences.
b) Price in national and foreign currency: rents will be set in currency
of legal course at the moment of being established. The clause that establishes it will be null.
opposite. In this case, the price will be determined by justice. It is also allowed the
execution of a lease contract in foreign currency.
c) Legal protections for the landlord: the landlord, for the security of payment, can
retain all existing fruits of the thing and all objects with which it is found
furnished or equipped, and belonging to the tenant; in addition to the right of
retention, if the thing were real estate, belongs to the landlord, executive action for collection
from rentals or sale, requiring garnishment orders on the assets
subject to the granted privilege.
 The rights granted by law to the landlord are restricted by the provisions.
legal provisions that declare the unseizability of certain things, such as the
salaries that do not exceed $ X; the daily bed of the people.

i) Locative section

It governs the general principle that all rights can be transferred unless they are
belonging to individuals. The tenant may sublease in whole or in part, or lend or
to transfer the leased thing to another if it is not prohibited by the contract or by law. The
cession involves a transfer of credits and obligations.

The effects of the assignment of the lease by the tenant, and in relation to the landlord,
to transfer all the rights of the tenant against the landlord to the assignee, or only the
part corresponding to the assignment, and all obligations will also be transferred to the assignee
of the tenant to the landlord, or only the part corresponding to the assignment without
that the assignor is exempt from its obligations as a tenant.

j) Subletting of the property

Subletting occurs when the tenant subleases part of the property, transferring the
tenant, to be sublessor, with respect to their tenant. The sublessor enjoys the
rights and privileges of the landlord, over all things introduced into the property
leased. The tenant, in relation to the subtenant, incurs the obligations and
acquire the landlord rights.

k) Differences between lease assignment and subletting of properties

The transfer is a mixed transfer of rights and obligations, by virtue of which the
The assignee is constituted in the place and degree of the tenant. In the sublease, to
on the contrary, the third is merely a tenant of the tenant.

In the lease assignment, there is a transfer of rights as well as of the

obligations and in the subleasing, a new lease occurs.

l) Obligations to return

The debtor has responsibilities for the failure to return the thing; from this it is deduced
that one must retain it until the fulfillment of the obligation assumed.

The inclusion of the duty of conservation between the moment of formation of the
obligation and restitution constitute a complementary and primordial duty.

The 'content' refers to the maintenance of the thing in the state in which it is
I found myself at the moment of establishing the obligatory relationship.

m) Termination of the lease agreement

The rental contract can be terminated: by fulfillment, breach,

in advance by agreement of the parties, legal provision or occurrence of phenomena
of nature.
a) Compliance: itcan occur in two ways, the first can be defined as
fixed to finish or start on a certain date) and
certain deadline (when was it)
the second as an uncertain term (when it is set in relation to a future event)
necessary).
b) Default: the default on the obligations of the tenant gives rise to
the landlord has the right to request the termination of the lease.
c) In advance by agreement of the parties, legal provision or occurrence of
natural phenomena:
The location will be finalized by the estimated date in the corresponding contract, due to
legal disposition because the established laws obey their extinction and due to phenomena
from nature caused by external causes of the contract.
Service location

Concept: It is a consensual contract, even if the service is to be performed in

something that one of the parties must deliver. It takes place when one of the parties
to oblige to provide a service, and the other to pay for that service a price in money.
The effects will be judged over the obligations to act.
The importance also points to framing the obligations of professionals,
lawyers, doctors, etc.
The general principles for capacity in contracting apply.
from the age of 14, any legal business that requires can be initiated
provision of services); the minor with the enabling title for the exercise of the profession
he/she may exercise it on their own without prior authorization, regarding the
commercial habilitation, services can be provided through
brokerage exercise, real estate intermediation, etc.
Effects. Non-compliance and the reparability of damage: It is of special significance.
characterize the behavior adopted in accordance with the plan outlined in the legal transaction. This
it involves checking whether that behavior can indeed be verified independently
of her own destiny. When the positive act does not conform to the required behavior
and it is assumed there will be non-compliance, but guilt must be proven for it to be
subjective responsibility appears and thus obtain compensation. This mechanism
clearly differentiates the evidentiary regime of the obligation of means from that of the
obligation of ends, since in this it is enough to prove the objective non-compliance or
material for the blame to be discarded and only the debtor will have the possibility of fracturing
the cause and effect relationship based on the revelation of the fortuitous event, fact of a
third.
Exclusion. The employment contract: The service provision contract plus
An important exclusion from the law is that of the labor relationship or work, which is regulated.
by another law as well as its modifications and also has the nature of public order.
 Location of works
Generalizations
Concept: There will be a location of works when two parties mutually obligate themselves.
one to execute a work and the other to pay for that work, a specified price in money.
Distinction from other locations: The main obligation of the landlord varies according to the
species and it does not consist only of the payment of a price in money; both the provision of a
service such as the execution of a work are obligations to do that are different from those
To give. Two classes of obligations are distinguished: obligations of means from those of
result, if what is promised is a job or service, it is a duty of means;
if what the tenant expects is the execution of a work, we would be facing a
obligation of result. In the contract for work, the contractor performs a job for a
person without being at their service or under their dependency and without putting at their disposal the
work time. It is also possible to distinguish service location from that of the work.
from the pricing point of view, in relation to the work and according to its importance
the work.
Subject: The contracts are multiple: for building construction, for publishing,
representation, manufacturing, and maintenance. The most typical ones are construction.
of buildings, of editing, of representation.
Characteristics: It is consensual and also bilateral; therefore, obligations arise.
the charge of both parties. It can also be said that it is onerous and commutative, this
it means that not only obligations arise on the part of both parties but also the
compliance or execution of these is simultaneous, without being subject to future events and
uncertain.
Modalities
In charge of the main subject: the materials may be provided by anyone.
the parties, in the absence of prior agreement, are generally presumed to be the responsibility of the lessor.
a) On the part of the lessor: if the lessor provides the materials and the work is executed on
an object, whether movable or immovable, its ownership will correspond to the owner of the object. The
The material provided will be your property until the acceptance of the work by the client.
The lack of warning about the poor quality of the material used will determine the
landlord's responsibility for damages and losses.
b) On the part of the client: if they provide the materials, they have no rights whatsoever to
claim it from
lessor, except in circumstances where it is deemed necessary.
3) Importance of the reception of the work
Introduction: the receipt will be definitive at the moment it fulfills the obligation.
lessor who will require the intimate payment of the price.
Until it is received in accordance with the client, all risks fall on the
landlord, therefore nothing can be claimed.
4) The formation of consent: Different modalities:
Traditional hiring:
It can be perfected without any formality, even verbally. If it has a greater
complexity, it will surely be done in writing and there will be a prior discussion about
the terms of the agreement between the parties
Contracts by adhesion:
There will be no discussions or prior negotiations regarding the terms of consent. Without
a part determines the conditions of the agreement
 Complex contracts:
It refers to the execution of complex works or those that require precision in each one of them.
the details
5) Effects of the agreement: Obligations of the parties
The landlord is the one responsible for the execution of the work, providing the labor and the
necessary materials. It is the one who assumes the obligation of the result, understanding the
designer and the project manager, should also advise the client.
The modalities are outlined at the time of contracting; it can be done at
satisfaction of the owner or a third party; the landlord may not change the project if it is already
It has been clarified how it will be; if the means had not been provided, they would be taken into account.
the uses and customs as well as the price. The owner may access the work whenever
I also wish to carry out the control appropriately.
The agreed delivery deadline will be determined by both parties; if not, it will be
take a reasonable amount of time considering the quality of the work, the uses and the
customs
6) Termination of the work rental contract:
Compliance: the normal termination is to fulfill what was agreed by executing the work and
paying the agreed price
Unilateral decision: the owner of the work may desist as long as they compensate the
lessor
Adjustment of execution by unit of measure: either party may decide the
extinction provided that the technical units of the work that have been
agreed.
Death. Incapacity of the landlord: in case of death or incapacity it is determined
the contractual termination due to impossibility of non-compliance, the tenant must pay
to the heirs of the landlord the value of the work performed and the materials
Breach of the principal: in case of not fulfilling their word, it may be resolved.
the agreement, and his conduct will generate responsibility for the damages and losses that may occur
the landlord fulfilled.