Document Type : Reasearch paper
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.