As social and economic legislation has advanced, contemporary rental laws have developed, leading to increased governmental regulation of the landlord-tenant relationship. New laws have been enacted to establish rent limits, enhance tenant rights, and safeguard against unlawful eviction. Furthermore, regulations concerning property upkeep have been introduced, clearly delineating the obligations of both landlords and tenants. In today's context, the foundations of lease agreements have been reinforced, with civil law provisions serving as the primary framework for governing the interactions between lessors and lessees. In response to the growing crisis, some nations have enacted extraordinary legislation. The focus of this study is the legal and practical challenges that lease contracts encounter, which impact the rights and responsibilities of both landlords and tenants. This research aims to evaluate the efficacy of existing legal frameworks in safeguarding the interests of both tenants and landlords. The study further examines the efficacy of current legislation in safeguarding the interests of both lessors and lessees throughout the lease agreement. It also differentiates between the tacit renewal of a lease and the necessity-driven extension of the lease, analyzing how this distinction influences the legal character of each type of contract. The research culminated in a series of findings and recommendations. A significant conclusion drawn is that the lease contract should be regarded as an administrative contract rather than a transactional one, as it confers a personal right to the tenant over the leased property without establishing a real right. Additionally, the study advocates for incorporating clearer stipulations regarding tacit renewal, particularly in relation to the procedures for terminating or altering its terms, since the legislator has not defined a duration for contract renewal within the Civil Code.

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Tacit Renewal and Lease Contract Extension in Light of Digital Transformation and Housing Sustainability

  • Ahmad Awwad Albnian,
  • Mosab Fawzi Ahmed Alhafnawi

摘要

As social and economic legislation has advanced, contemporary rental laws have developed, leading to increased governmental regulation of the landlord-tenant relationship. New laws have been enacted to establish rent limits, enhance tenant rights, and safeguard against unlawful eviction. Furthermore, regulations concerning property upkeep have been introduced, clearly delineating the obligations of both landlords and tenants. In today's context, the foundations of lease agreements have been reinforced, with civil law provisions serving as the primary framework for governing the interactions between lessors and lessees. In response to the growing crisis, some nations have enacted extraordinary legislation. The focus of this study is the legal and practical challenges that lease contracts encounter, which impact the rights and responsibilities of both landlords and tenants. This research aims to evaluate the efficacy of existing legal frameworks in safeguarding the interests of both tenants and landlords. The study further examines the efficacy of current legislation in safeguarding the interests of both lessors and lessees throughout the lease agreement. It also differentiates between the tacit renewal of a lease and the necessity-driven extension of the lease, analyzing how this distinction influences the legal character of each type of contract. The research culminated in a series of findings and recommendations. A significant conclusion drawn is that the lease contract should be regarded as an administrative contract rather than a transactional one, as it confers a personal right to the tenant over the leased property without establishing a real right. Additionally, the study advocates for incorporating clearer stipulations regarding tacit renewal, particularly in relation to the procedures for terminating or altering its terms, since the legislator has not defined a duration for contract renewal within the Civil Code.