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Codrin MACOVEI: Can lease be an act of disposition?

Abstract: The lease has the nature of an act of administration for both the landlord and the tenant, whatever the term of the contract. This also results from the fact that all leases give the lessee a personal right. In addition, giving property as rental for earning income is the illustration of an  act of administration. Therefore, the ability to administer is all that is necessary. However, we exceed the administration when the lease is particularly long. Without actually disposing of the property, the lease then alters control for so long that it constitutes a serious act beyond the scope of administrative acts. Do such leases become acts of disposal? This controversy is not new and sometimes the judicial practice on lease takes it into account. In reality, the nature of act of administration, normal or severe enough remains a way of patrimony management.

Keywords: lease, term, administrative act, act of disposal


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