Résumé:
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.
