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Section 1. Civil Procedure
Granit Curri,
PhD., candidate, Kolegji AAB, Prishtine E-mail: granit.curri@universitetiaab.com
CONTRACT FOR RENT ACCORDING TO THE KOSOVO LAW ON OBLIGATIONAL RELATIONSHIPS
Abstract: contractual law numerates a big number of contracts for functionalizing the social relationships. All social relationships regulated by legal norms are legal relationships. After the contract of sales, the contract for rent is one of the most important contracts in the field of contractual law. The author with this paper covers the notion of this contract, conditions for concluding it, its characteristics, the rights and the obligations of the lessor and the tenant as well as the ways of termination of this contract. Author by using the method of legal analysis will analyze the contract and all its elements in the Kosovo legal system, so the paper could further be used for the practical and the academic debate.
Keywords: law, contract, rent, tenant, lessor.
Introduction
After the sales contract, the contract of rent is one of the most important contracts in the field of the contractual law. The paper gives the notion of this contract where in this case the lessor is obliged to give the object of the rent to the tenant, whereas the tenant is obliged to use the object/item according to the conditions foreseen with their contract agreement. For conclusion of this contract there should be fulfilled general and specific conditions. As the general conclusions are considered all conditions that are common for all types of contracts. Besides this, the specific conditions should be fulfilled like object-rent and its duration. With this contract as specific conditions are foreseen the ways of payment for rent, duration and the delivery of this reward. The payment of rent is only a reward that tenant shall pay in favor of lessor for the item which is in use, and this item cannot be alienated. Despite the conditions for concluding the contract of rent, papers deals with the
characteristics of this contract. For doing so, this paper uses methods of legal analysis, method of comparison, etc. Further within the paper there are used the research questions like, which are the characteristics of the contract according to the Law on Obligational Relationships, which are the duties of contract parties of this contract and which are the ways of terminations of this contract.
Notion
Rent is contract by which one party (lessor) is obliged to give to the other party (tenant) a determined item for a temporarily use against a determined reward [3, article 801]. By the contract of rent, lessor is obliged to deliver determined item to the tenant for use, whereas tenant is obliged to pay the contracted rent [5, article 585]. The Law on Obligational Relationships by this wanted to explain that lessor is obliged to deliver the item to the tenant, but in this case we have to do with the rents in the general viewpoint and not in the specific viewpoint. Lessor
by all means is obliged to give the price of rent for the determined contract deadline. Apart of reward for rent tenant is obliged to turn back the item under the rent at the time and the place determined by the contract. It is important to mention that lessor should be the owner of the item given under the rent, this due to the fact that he has to transfer by authorization all acts to the tenant, except the right of alienation of the item.
Characteristics of the contract of rent
In the contract of rent wealth is given for the temporary use-this means that tenant uses the item according to the determined destination with the contract or according its nature after the end of contract deadline tenant shall turn back to the lessor the item which was under the rent contract [7, pg 52-53]. This contract has the following characteristics: it is the contract by name because it is foreseen as such by the law (articles 585-614 of the Law on Contractual Relationships); it is contract with mutual obligations based on the fact that both parties know their rights and the obligations; it is the contract by reward because one party delivers to the other party the item in use whereas the other party gives the reward for the used item. Reward in the contract of rent consists of amount of rent which is to be paid by tenant in favor of lessor for the item taken with the contract [6, pg 74]. It is a consensual contract because it is concluded as a result of consensus between contract parties. The contract of rent is a contract with continual prestations. Since the law doesn't determine strict form, this contract is not known as a formal contract. But it is important to underline that this contract in determined cases shall be in specific formal form and this especially in the cases when the rent object are the immovable items. In all cases this contract is causal contract because cause of its conclusion is known. The last characteristic of this contract is the fact that this contract is independent from other contracts [5, article 585, paragraph 1, point a].
Terms for the conclusion of the contract
All general conditions shall be fulfilled prior to conclusion of this contract. To the general conditions
belong: working abilities of contract parties, the free expression of their will and the object of the contract [ 1, pg. 33]. Working ability of the contract parties is a general condition. The working ability is gained by the age of 18 respectively with the ability to act. This because the ability to act is achieved at the age of 18.
The expression of free will is the second general condition for concluding the contract. The free will shall be the free will of both parties it is that they agree on the essential elements of the contract. The will for concluding contract shall be free, real, possible and serious.
Object of the contract is general condition for its conclusion. The object of the contract is that on what parties agreed or for what the contract is concluded [6, pg 36]. The contract could be an item, an act or non act [5, article 59, paragraph 1].
Special conditions
Special conditions for concluding of this contract are: object of the rent (item shall by all means be non-consumable), rent (which is determined in monetary values or of any other nature) and the duration of the contract [4, pg 202-203].
Duties of lessor
Lessor has the obligation to deliver the item given for rent along with the accessories as its integral part. Item shall be delivered in the condition as parties agreed. Item shall be delivered in the regular condition. Delivery of the item shall be delivered in the way of physic delivery and in the symbolid form of delivery when it is impossible to be delivered physically. Tenant is obliged to maintain items in the regular condition during the duration of rent and he is obliged to make needed reparations on the item [5, article 587, pargraph 1]. If the needed maintenance of the item under the rent hinder the item's use in a considerable manner and for a long period of time, tenant can terminate the contract [5, article 588, paragraph 1]. With the agreement of tenant, lessor can make changes in the item under the rent. Lessor is held responsible for all short comings of the item under the rent. According the law the small short comings are not taken into the consideration.
Lessor is not held responsible for the short comings of the item if these short comings were known at the time when the contract was concluded or when it was not possible that tenant didn't know these short comings at that time.
Duties of tenant
Tenant is obliged to use the item as a good economist, respectively as the good householder. He can use the item only as determined by the contract or as destined. He is responsible for the caused damage in the item under the rent if the damage came as a consequence against the contract or against its destination, and no matter if the item was used by him or by any other person who this was [to use] made possible [5, article 598].
Payment of rent
Rent is a reward for the use of the item which is in rent. In the daily practice we talk about the monetary payment of rent [2, pg. 217]. Tenant is obliged to pay rent according ot the agreement reached with the lessor by the contract. Rent is to be delivered in the place and the time as foreseen by the contract. If there is a lack of determination of the place of payment, payment [rent] will be done in the place where the item is delivered. If there is a lack of time when the payment should be done, rent will be paid every sixth month after the item was put under the rent. Lessor shall denounce contract of rent if the rent is not paid 15 days after required and tenant did not do it.
The return of rented item
Tenant is obliged to save and care the rented item and he shall turn it back at the time and in the place as it is determined by the contact. Rented item is turned back there where ti was delivered by the rent contract. The item should be undamaged.
Quenching of the contract
The contract of rent in most cases is quenched after the deadline foreseen with the contract is reached. This according to the law is quenched in two ways: by missing or losing the rented item under the impact of vis maj or, by the death of the lessor or tenant, by the alienation of rented item and by quenching of the contract.
Conlusions
Contractual law is the special part of the law on obligations. As a part of the law itself it contains all contracts which are concluded by parties in functioning the social relationships. These contracts are concluded and quenched according the conditions set forth by the law. Contract of rent is a frequent contract which is used in the justice. This contract is an agreement between lessor and tenant. By this contract lessor is obliged to deliver the item to the tenant, whereas tenant is obliged to pay the rent. Rent in most cases are monetary, but it can be paid also in nature. The payment of rent is a reward for the use of rented item. In order to conclude the rent contract some several principle conditions shall be fulfilled, as are: working ability of contracting parties, the free will of contracting parties, object of the contract as well as the basis for concluding it. In addition, several special conditions shall be fulfilled which are characteristics of the contract of rent, only and not for other types of contracts.
Tenant is obliged to take care for the rented item and to pay the price of rent, respectively to make the payment for the use of the rented item. Lessor is obliged to deliver the rented item in the time and the place as set forth by the contract. Lessor is also the responsible for the material and legal short comings of the rented item. Lessor will not be responsible for small short comings and for the short comings which should have been known by tenant. Contract of rent is non formal, consensual, commutative and by reward. There are cases when the rented item is of big value and it is immovable item and in these cases a specific form of contract is required by the law.
Contract of rent is quenched as all other legal works and specifically in some ways. The most frequent cases of quenching of this contract are: expiration of the deadline, by missing or losing of rented item under the impact of vis major, by the death of lessor or tenant, by alienation of the rented item and quenching by denunciation.
References:
1. Dauti Nerxhivane. Kontratat, fq.33, Universiteti i Prishtines, Prishtine 2012.
2. Gorenc Vilim. Bazat e se drejtes tregtare statusore dhe kontraktore, Prishtine 2010.
3. Kodi Civil i Shqiperise, Fletorja Zyrtare e Republikes se Shqiperise, Tirnae, 1994.
4. Komentari II i Ligjit per Marrdheniet e Detyrimeve, UNDP, Prishtine, Shtator 2013.
5. Ligji per Marrdheniet e Detyrimeve, Gazeta Zyrtare e Republikes se Kosoves, Prishtine, Kosove. 2012.
6. Nuni Ardian, Mustafaj Ilir & Vokshi Asim. E Drejta e Detyrimeve II, Tirane 2008.
7. Tutulani-Semini Mariana. E drejta e Detyrimeve dhe e kontratave, pjesa e posacme, Skenderbagbooks, Tirane, 2006.
