In Denmark, there are different types of leases: rentals, commercial rentals, leasing and forpagtning. 3. Commercial leases, protection of retailers or craft activities: standard commercial leases are still subject to the federal law of April 30, 1951 on rents. However, all three regions have adopted their own legislation on short-term leases, i.e. the second is a licence authorizing the occupancy or use of the property in common with the owner or other property authorized by the owner. Unlike a lease agreement, a licence is only a personal contractual agreement between the original parties and does not give the purchaser a transferable stake in the property and does not engage future landowners. The first is a lease agreement that grants the right to exclusive ownership for an agreed period. A rental agreement confers on the tenant contractual rights and participation in the property, which can be transferred to a third party subject to specific restrictions on the lease. Most commercial leases fall into one of two categories: “gross rental,” where the tenant`s financial responsibility is mainly limited to the payment of rent and the landlord is set at the operating costs of the property; and “net rental,” for which the tenant is also responsible for some or all of the operating, insurance and tax costs on the property.
Leases may apply to a building or part of a building, to land alone (commonly referred to as “basic rent”) or to a combination of land and buildings. Article 1105 of the Spanish Civil Code provides that FM exempts in principle a debtor from enforcement or liability (unless otherwise stipulated by law or agreement) if he is unable to fulfil the obligation due to an FM event. (i) the unpredictability and inevitability of the event, (ii) the event must occur after the conclusion of the agreement, (iii) objectively, the event must be inevitable for the parties and (iv) the cause of the event must be beyond the control of the party invoking the FM (therefore, no case of force majeure can be invoked). relevant circumstances must be accepted or supported and should be anticipated by the debtor). The “unpredictability” of an event is related to the event`s ability to create a surprise, given the normal course of business and the consequences that ordinary course events usually entail. “inevitability” means that the debtor cannot prevent or avoid the effects of the event, whether predictable or to what extent he is diligent. Regular leases are much more common than basic leases. While a regular lease allows the tenant to use the land in question (only), the tenant of the land has the right to use the property and benefit from it.
A basic lease would be, for example. B, a lease for an operation that would include all machinery or the right to harvest grain. As a general rule, most of the legal provisions relating to regular leases also apply to basic rents. Czech law also recognizes a separate right to use the property for a specified period of time, as well as the right to rent which gives the beneficiary not only the right to use the property, but also the right to exploit the profits of the property. Scottish law distinguishes between leases and basic leases, which are closer to property ownership.