What is the effect of entering the lease?


When lease agreements have been concluded by co-owners with different rights in the joint ownership, the lessee who has signed a lease with the co-owners holding more than 50% of the joint ownership should be given priority as a manifestation of the general rule of the Property Act , according to which the common property is managed by the majority of the co-owners according to the shares held by them in the community. Consequently, even if the lease agreement concluded with a co-owner of less than 50% of the shares is registered, it is not opposed either to a subsequent lessee or to a tenant to whom the majority of the co-owners have granted the right of use property. Moreover, such a lease is not opposed to a third party who has acquired, after its registration, the ownership of more than 50% of the joint ownership if it is opposed to the continuing use of the lessee. An argument in support of this thesis is the provision of Art. 17, para. 2 AAS, according to which the acquirer of the rented object of the contract replaces the lessor as a party to the lease if it has been entered. With this in mind, Decision No 115 of 21 November 2017 on the City of 997/2017 states that the legislator provides for a protective and protective effect of the entry of the lease contract in respect of a person who has acquired the ownership of the lessor , but not to a third party to whom the contract can not be relied on as it has acquired more than half of the property from co-owners who are not party to the lease.

 



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What is the effect of entering the lease? What is the effect of entering the lease?