The legal Limits of the Tenant's Legislative Permission to Change the Leased Property
DOI:
https://doi.org/10.64184/ajlps.V2.I3.Y2025.P1014-1039.335Keywords:
Lease Contract, Legislative Permission, Damages, Leased PropertyAbstract
The rental relationship aims to achieve solidarity between its two parties from a social aspect and complement their interests from an economic perspective. Where, the rights of the lessor of the property shall not be neglected in favor of its lessee, and it is not permissible for the lessor to exceed the lessee's rights. Likewise, by regulating these relationships, the legislator may not prejudice the rights of landlords and tenants or favor one party over another to achieve a legal equilibrium between them. From these perspectives, the importance of this research is evident, as the issue of the tenant’s legislative permission to change the leased property is given great care in practical life without the rest of the legislative permissions granted to him. This permission is the means through which the legislator grants its protection to the tenant, the weak party in the lease contract, by enabling him to change the leased property to benefit from it in all respects and without any obstacle to the lessor. For the legislative permission to be granted to him, he must adhere to the conditions of the contract until the equilibrium of power in the lease contract returns to tilt again in favor of the lessor, whom the legislator has always given him the right to request compensation for the damage he suffers as a result of the lessee violating the terms of the legislative permission or to recover the leased property if the compensation fails to remedy the harm suffered.
References
References
1. Abdel Salam, Saeed Saad, Contractual Balance in the Property Rental Law in accordance with the Latest Constitutional Amendments. (Dar Al Nahda Al Arabiya: Cairo, Egypt, 2003 – 2004).
2. Abdel Wahab Arafa, Reasons for Eviction from the Leased Premises (National Center for Legal Publications: Lebanon, 2009).
3. Abu Al-Saud, Ramadan, Contracts Named - Lease Contract. (Mansha’at Al-Ma’arif: Alexandria, 1996).
4. Abu Qurain, Ahmed Abdel-Al, The legal system for ownership of apartments and strata and the rights of owners over their separate and shared parts: an applied study. (University Culture House: Cairo, 2001).
5. Ahmed, Ibrahim Sayed, Eviction due to misuse of the leased property, jurisprudence and jurisprudence. (Manshaet Al Maaref: Alexandria, 2003).
6. Al-Amawi, Tariq Muhammad, Explanation of the Provisions of the Relationship between the Owner and the Tenant in Agricultural Lands. (Dar Al-Nahda Al-Arabiya: Cairo, 1993).
7. Al-Barawi, Hassan Hussein, Civil Contracts in the Qatari Civil Law :Sale and Rent. (Dar Al-Nahda Al-Arabiya: Cairo, 2013).
8. Al-Basri, Ashraf Othman, Legal Fees for Places Used for Commercial and Industrial Activities. (World of Law Library: Cairo, 1998).
9. Al-Fadhli, Jaafar, Al-Wajeez in Civil Contracts, Sale - Rent – Contracting. (House of Culture, Publishing and Distribution: Amman, 1997).
10. Ali, Raqia Abdul-Jabbar Ali, the lease contract in the Iraqi civil law and the amended real estate lease law: a comparative study with reference to some Arab laws (Al-Sisban Library: Baghdad, 2015), p. 226.
11. Al-Mashahidi, Ibrahim, Legal Principles in the Judiciary of the Court of Cassation, Civil Law Department. (Legal Research Center: Ministry of Justice, Baghdad, 1988).
12. Al-Muhammadi, Thanoun Younis Saleh, Legal Regulation of Ownership of Classes and Apartments in Buildings - A Legal Study in Light of the Provisions of the Law Regulating Ownership of Classes and Apartments in Iraqi Architecture No. 61 of 2000 and Comparative Laws. (Dar Al-Nahda Al-Arabiya: Cairo, 2008).
13. Al-Obaidi, Ali Hadi, Named Contracts, Sale and Rent, and the Law of Owners and Tenants According to the Latest Amendments with the Judicial Applications of the Court of Cassation. (Dar Al-Thaqafa for Publishing and Distribution: Amman, Jordan, 2014).
14. Al-Obaidi, Ali Hadi, Al-Wajeez in the Explanation of the Jordanian Civil Law, Named Contracts for Sale and Rent, first edition. (House of Culture: Amman, Jordan, 1997).
15. Al-Sanhouri, Ahmed Abdel Razzaq, The Mediator in Explanation of Civil Law , Contracts , Lease Contract. (Arab Heritage Revival House: Beirut, Lebanon).
16. Al-Sheikh Omar, Muhammad, Rent Restriction Law. (Dar Al-Elm: Khartoum, 1975).
17. Bar Association of the Arab Republic of Egypt. Law Journal, Issue Four, (2003).
18. Hussien, Ahmed Jadoua, Explanation of Civil Law (Lease Contract) Part One. (Dar Al-Warith, Holy Karbala, 2017).
19. Judicial Bulletin, Technical Office of the Court of Cassation, fifth year, second issue, 1974.
20. Lotfy, Muhammad Hossam Mahmoud, General Provisions for the Lease Contract. (Dar Al-Nahda Al-Arabiya: Cairo, Egypt, 2008).
21. Muhammad Ibrahim Al-Mangy, Legislative Permissions for the Tenant, first edition (Mansha’at Al-Ma’arif: Alexandria, 1988).
22. Muhammad, Khalaf, The Termination of the Lease Contract in the Light of Jurisprudence and Modern Cassation Rulings, first edition. (The Legal Library: Cairo, 1993).
23. Muhammad, Mahmoud Abdel Rahman, Al-Wajeez In the Lease Contract. ( Dar Al-Nahda Al-Arabiya: Cairo, Egypt, 2010).
24. Muhammad, Muhammad Ali, Ownership of Multi-Owner Buildings (Stories - Apartments - Shops), a comparative study between the Yemeni Civil Law, the Egyptian Civil Law and Islamic Jurisprudence. (Dar Al-Nahda Al-Arabiya: Cairo, Egypt, 2010).
25. Naji, Ghazi Abdul Rahman, Ownership of Apartments and Floors. (Almaaref Press: Baghdad, 1987).
26. Omran, Abdel Majeed, Reasons for Eviction in the Property Rental Law and Commentary on its Texts. (University Press House: Alexandria, 1983).
27. Saad, Nabil Ibrahim, Furnished Rental Restrictions, Regulation, and the Supreme Constitutional Court’s Ruling and Evaluation. (Mansha’at Al-Ma’arif: Alexandria, 1998).
28. Shalash, Zakaria, Taxes and Fees on Built Real Estate, first edition. (Dar Al-Nahda Al-Arabiya: Cairo, 1999).
29. Sharaf El-Din, Ahmed, Studies on the Rules for Extending the Lease Contract and Renting Non-Residential Places. (Law No. 6 of 1996), second edition (Dar Al-Nahda Al-Arabiya: Cairo, 2005).
30. Sharaf El-Din, Ahmed, Lease Contract in Civil Law and the Laws of Renting Built Places. (Dar Al-Nahda Al-Arabiya: Cairo, Egypt, 2011).
31. Shehab, Khaled, Encyclopedia of Provisions and Principles of Cassation in Civil Law, Parts One and Two. (Center for Legal Research and Studies: Dar Al-Nahda Al-Arabiya, Cairo, 2008).
Cases
1. Babylon Court of Appeal / 57 / Jurisprudence / 1980. February 2, 1980.
2. Federal Court of Cassation Decision No. 829 / Lease Contract / 2008. 5/4/2008.
3. Decision No. 2493 / Appellate Body, Real Estate / 2009.
4. Federal Court of Cassation Decision No. 345 / Appellate Body / 2009.
Statutes
1. Iraqi Civil Law No. 40 of 1951.
2. Iraqi Real Estate Rent Law No. 87 of 1979.
3. Iraqi Public Health Law No. 89 of 1981.
4. Regulations for sheltering and raising animals of all kinds in residential neighborhoods No. 33 of 1983.
5. Regulations for classification and operation of tourist facilities No. 1 of 2004.
6. Egyptian Civil Law No. 131 of 1948.
7. Amended Housing Rent Law No. 136 of 1981.
8. Egyptian Public Stores Law No. 154 of 2019.
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