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Legal regulation of the Inhibitor Condition of Leasing (Comparative Study)

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    • Ahmed Amer Abdulameer
,

Document Type : Reasearch paper

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Abstract

The Inhibitor Condition of Leasing is an agreement between the two parties to the lease contract to restrict the freedom of the tenant from disposing of his right to sublease or assign the lease unless with the consent of the lessor.
It is thus a voluntary restriction that responds to the right of ownership with the exception of the general principle, and this condition is that it either responds to preventing the tenant from assigning the rent to others or the rent to the third parties or both cases, and it is either that it appears explicitly in the lease contract or that it is Its implicit indication is extracted from the circumstances of the case or contract, as if the tenant's personality was subject to consideration, and the inhibiting condition may be absolute so that it includes all types of behavior and for any person and in all parts of the lease or is restricted by certain conditions and specified by the lessor.
Symptoms may arise on this condition after the conclusion of the contract that would prevent the continuation of the effectiveness of the inhibiting condition, either because of the leaseholder's waiver of it after its condition or because a judicial ruling was issued or the presence of a legal text stipulating obstructing the inhibiting condition and making it ineffective, but if the effectiveness of the condition continues without delay and The tenant, despite the Inhibitor Condition the assignment of rent or sublease, was subject to the penalties prescribed to protect the lessor from that breach.

Keywords

  • Lease contract
  • Inhibitor Condition
  • Rent waiver
  • Sublease
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Kut University College Journal for Humanitarian Science
Volume 2024, spacial issue
عدد خاص لبحوث المؤتمر العلمي الدولي الخامس للإبداع والابتكار
June 2024
Page 23-39
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APA

Abdulameer, A. A. (2024). Legal regulation of the Inhibitor Condition of Leasing (Comparative Study). Kut University College Journal for Humanitarian Science, 2024(spacial issue), 23-39.

MLA

Abdulameer, A. A. . "Legal regulation of the Inhibitor Condition of Leasing (Comparative Study)", Kut University College Journal for Humanitarian Science, 2024, spacial issue, 2024, 23-39.

HARVARD

Abdulameer, A. A. (2024). 'Legal regulation of the Inhibitor Condition of Leasing (Comparative Study)', Kut University College Journal for Humanitarian Science, 2024(spacial issue), pp. 23-39.

CHICAGO

A. A. Abdulameer, "Legal regulation of the Inhibitor Condition of Leasing (Comparative Study)," Kut University College Journal for Humanitarian Science, 2024 spacial issue (2024): 23-39,

VANCOUVER

Abdulameer, A. A. Legal regulation of the Inhibitor Condition of Leasing (Comparative Study). Kut University College Journal for Humanitarian Science, 2024; 2024(spacial issue): 23-39.

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