ASSESSMENT OF THE LEASE AGREEMENTS’ ENFORCEABILITY DEPENDING ON THE FORM OF LEGAL INSURANCE FOR THE FAMILY’S HOUSE
ASSESSMENT OF THE LEASE AGREEMENTS’ ENFORCEABILITY DEPENDING ON THE FORM OF LEGAL INSURANCE FOR THE FAMILY’S HOUSE

Summary/Abstract: Changes brought to the Civil Code through provisions of art. 1798 is therefore establishing the enforceable feature of lease agreements even when they are concluded under private signature under sine qua non condition to be registered with fiscal authorities, consecrating their status exclusively as enforceable title for rent payment on terms, in the amount and way of payment established in the agreement, the lawmaker showing (!) that the same status is also applied to lease agreements concluded in authentical form which also represent enforceable titles for rent payment. Therefore, lease agreements’ enforceability envisaged by these provisions are applied to: (i) exclusively for the rent, (ii) it regards both authentical agreements and those concluded under private signature, noting that although theoretically enforceability can derive from the authentical title, this fact however does not offer de plano enforceability because the general norm establishes enforceability only to the document authenticated by the public notary that recognizes a firm, liquid and due debt. Consequently, the essence of enforceability will be extracted not only from the conclusion form of the document but also from the authentical document wording – so that the lease to constitute enforceable title at least in theory and also with regards to other contractual obligations envisaged by this feature.

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