التنازل عن الايجار و الايجار الفرعي في القانون المدني الجزائري

Abstract

The rent is part of contracts for the enjoyment of things, it was defined in Article 467 of the Algerian Civil Code that it is a contract by which the lessor provides the tenant enjoyment in something for a fixed term in return a known rent, the rent can be fixed in cash or any other benefit. The tenant's right to the enjoyment of the leased things is one of the most important rights under the lease agreement, the jurisprudence have not agreed on the legal nature of the right that has the tenant to the enjoyment and how much this law could be applied, probably in the jurisprudence, the tenant's right to enjoyment of the leased things is a personal right, because in the first place, the personal right is a financial law allowing the owner to the willing, and for that, the Article 505 of the Algerian Civil Code states that the lessee shall have a right of enjoyment through assignment of lease waiver or sublease. The theme of the assignment of the lease waiver and the sublease poses a problem if the right of tenant of enjoyment in this sense is an absolute right, and what are the legal consequences of this right on that provision? According to Article 505 of the Algerian Civil Code, it seems that it requires to have the written consent of the lessor in order to assign the right to lease waiver or sublease, and the lease waiver assignment is a direct relationship between the lessor and the transferee while the relationship between the tenant and the lessor will be absent, accordance with Article 506 of the Algerian Civil Code, However, the relationship between the lessor and the tenant main survive in the sublease, and that not disappear unless the lessor will notify the subtenant to have fulfilled its obligations, According to Article 507 of the Algerian Civil Code.