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Demarcations to the LAW OF REAL ESTATE LEASES.
He articulates Nº 1, he/she brings the environment of application of the Law, that is to say that the properties, for their location or characteristic, they are or I don't lower their protection.
Article 1. -
The present Ordinance-law will govern the lease and subarrendamiento of the urban properties and suburbans dedicated to housing, and/or to the operation or development of commercial, industrial activities, professionals, of teaching and other different from those specified, be already leased or sublet totally or for parts.
I. - LOCATION
When the Legislator limits the jurisdiction of the Law, alone to the urban and suburban properties, this pointing out that, they are the Governorships, with his classification planes, those that determine that properties are inside the empire of the norm. Being this way, the first obligation is to determine, by means of these classification planes, if our property this first floor the domain of the Law.
All the housings, local commercial and industrial that are not inside the classification of Urban or suburban, according to the planes of classifications, they are excluded or excluded, for Law, of the application of the special dispositions. What takes us to conclude that will be governed by the general norms contemplated in the effective Civil Code and, he/she won't be able to them to be applied the norms of the Special Law. Since, the same Legislator, I exclude them expressly.
This has special interest in the commercial and industrial local that in general, they could be far from the populations, and therefore not to be included in the classification of urban or suburbans.
That is to say that the rent of a housing, local commercial or industrial that is outside of the limits of the urban or suburban, it won't be subjected to this special Law, and it will govern their relationship arrendaticia for the general dispositions of the Civil Code, in their I Title VIII, I Surrender I, referred to the lease.
The articulate one 1579 at the 1628 of the Civil Code include the normative one concerning to the lease. This group of norms, they are applicable to all the leases, even to those that are inside the environment of the Special Law, except for the exceptions that are specialty of this, being the General ones, as supplementary in the cases of the specialty.
In the signal norms, he/she is the lease definition.
Art. 1579:
“The lease is a contract for which one of the contracting parties puts under an obligation to make enjoy to the other of a thing piece of furniture or property, by the way time and by means of a certain price that this puts under an obligation to pay that.
He/she will understand each other that they are sales to term, the leases of things furniture with the obligation of transmitting to the lessee in any time the property of the leased things”
This lease definition, is of general application, so much for the subjected properties to the special law as for those excluded of her.
