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CONTRACT OF LEASE a contract by which one person binds himself to grant temporarily, the use of a thing or the rendering of some service to another who undertakes to pay some rent, compensation, or price. CHARACTERISTICS: (lease of things) 1. Consensual 2. Principal contract 3. Nominate 4. Subject matter must be within the commerce of man 5. Purpose should not be minimal 6. Onerous 7. Period is temporary 8. Period may be definite or indefinite 9. Lessor need not be the owner RENT The compensation either in money, provisions, chattels or labor, received by the lessor from the lessee.
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
(a) duty to deliver (b) duty to transfer ownership (c) duty to warrant eviction and hidden defects REMEDY OF EMPLOYER IN CASE OF DEFECTS: - ask contractor to remove the defect or to execute another work; if contractor fails or refuses, employer can ask another at the contractors expense Lease of service -one party binds himself to render some service to the other party consisting his own free activity of labor, and not its result and the other party binds himself to pay a remuneration therefor. 3 KINDS: a. household b. contract of labor c. common carriers
Lease of things (1) Concept Art. 1643. In the lease of things, one of the parties binds himself to give to another the enjoyment or use of a thing
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
LEASE OF SERVICE
The important object is the The important object is the labor performed by the lessor work done The result is generally not important, hence the laborer is entitled to be paid even if there is destruction of the work through fortuitous event The result is generally important; generally, the price is not payable until the work is completed, and said price cannot be lawfully demanded if the work is destroyed before it is finished and accepted LEASE OF THINGS DISTINGUISHED FROM SERVICES:
LEASE OF THINGS
LEASE OF SERVICES
Object of the contract is a Object is some work thing Lessor has to deliver the Lessor has to perform some thing leased work or service In case of breach, there can In case of breach, no action be an action can be taken
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
LEASE OF SERVICES
AGENCY
It is based on employment It is based on representation The lessor of services does Agent represents his principal not represent his employer and enters into juridical acts nor does he execute juridical acts Principal contract Preparatory contract
LEASE
SALE
Only the enjoyment or use is Ownership is transferred transferred Transfer is temporary Transfer is permanent The lessor need not be the Seller must be the owner or owner at least authorized by the owner at the time it is delivered Price of the matter is not Price of the thing is usually usually mentioned, being fixed in the contract immaterial
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
Consist of cession of the use Consist of cession of the use of a thing to another of a thing to another
It is onerous
Essentially gratuitous
Ownership is necessary
It is generally a personal It is always a real right right and is a real right only by exception It is limited to the use it includes all possible uses specified in the contract and enjoyment of the thing
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
It may be created by contract as a general rule Lessee has no duty to make repairs Lessee has no duty to pay taxes Lessee cannot constitute a usufruct of the property leased
It may be created by law, contract, last will or prescription Usufructuary has duty to make repairs Usufructuary has duty to pay taxes Usufructuary may constitute a sublease
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
Owner does not lose his Loses ownership of the thing ownership loaned which becomes the property of the borrower or debtor Lessor lessee relationship Real or personal property Governed by frauds Not governed statute Creditor/ debtor or obligee /obligor relationship Only money or any other fungible things of Not governed Governed by usury law
**Simple loan may be gratuitous or with a stipulation (art.1933) ** PRICE IN LEASE: ts, or in some other useful things; some other prestation - when the price consists of a certain percentage of the fruits obtained from the thing. But is regarded as having the character more of a partnership rather than a lease.
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
CAPACITY OF LESSEE Those who are disqualified to buy certain things cannot lease such things. (ART.1646, 1490,1491) Lease of Real Estate Every lease of real estate may be recorded in the Registry of Property to be binding upon 3rd persons.
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
Merely another contract of lease, where the original lessee becomes in turn a lessor Even when the lessor consents to the sub-lease, the original lease contract subsists and is binding on the lessee Succession by particular Juxtaposition of 2 leases title to one contract of lease Lessee remains a party in Lessee is disassociated from the contract the original contract of lease Sublessee does not have any Assignee has a direct action direct action against the against the lessor, there lessor being novation Subleasing is allowed unless Assignment is not allowed there is an express unless the lessor gives his prohibition consent
(1) Remedy when property is subleased despite prohibition: rescission and damages, or damages only. (2) When in the contract of lease, there is no express prohibition; the lessee may sublet the thing leased, in
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
LEASE DISTINGUISHED FROM DEPOSIT: LEASE Enjoyment or use of thing leased is the essential purpose The lessor cannot demand the thing leased before the expiration of the contract DEPOSIT the safekeeping of the thing delivered is the principal purpose The depositor can demand the return of the subject matter at will
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
LEASE OF CHATTELS Lessor and lessee relationship Loses control or management of the chattel No control or supervision over the lessee Lessee pays rent to the lessor for the enjoyment or use of the chattel
EMPLOYMENT Employee employer relationship Retains control or management over his chattel Exercises control and supervision over his employee Employer pays wage or salary for the services of the employee
PARTNERSHIP
Every partner is an agent of the partnership for the purpose of its business Lessor performs a material act Partners enter into commercial for the benefit of the employer or business transactions for the realization of profits Only 2 persons are involved Juridical personality separate and distinct from that of each of the partner is formed Work/service is dependent upon Partners perform acts conducive the ends or purpose of the lessee to their own business purposes
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011
Sales and lease comments and cases by hector de leon, UP, Ateneo and San beda civil law reviewer | jen_biltz_albano/2011