Bérleti szerződés a 19. század bírói joggyakorlatában
The various types of contract played a significant role in the history of private law in the late feudal period. From among these, the author analyses the rules of lease and leasehold contracts. By examining the judicial practice of the 19 thcentury, the author discusses the rules established by cus...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
Szegedi Tudományegyetem Állam- és Jogtudományi Karának tudományos bizottsága
Szeged
2007
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| Sorozat: | Acta Universitatis Szegediensis : acta juridica et politica
69 No. 1-48 |
| Kulcsszavak: | Jogtörténet - magyar - 19. sz., Kötelmi jog - magyar |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/7329 |
| Tartalmi kivonat: | The various types of contract played a significant role in the history of private law in the late feudal period. From among these, the author analyses the rules of lease and leasehold contracts. By examining the judicial practice of the 19 thcentury, the author discusses the rules established by customary law, primarily the fundamental rights and obligations of the lessor and the lessee. Since Werbőczy does not analyse this type of contract in his Tripartitum, it was the everyday practice that established the norms that became general by the 19 thcentury. It is important to know these rules, as the giving into lease or leasehold of immovable properties contributed to the emergence of many specific rules of liability. One of the significant findings of the author is that the lessee or tenant under a leasehold contract was liable for the entire cost of the necessary and useful investments. In fact, when repairs became necessary due to damage caused by force majeure, the cost of such repairs was also usually charged to the lessee, and the amount of the lease was not reduced in such cases either. It followed from the above that under the system of customary law, if the least degree of culpability could be established, the liability of the lessor or tenant under a leasehold contract was extended to the extent of objective liability. Such a broad interpretation of liability can be associated with the rules of responsible custody. |
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| Terjedelem/Fizikai jellemzők: | 263-283 |
| ISSN: | 0324-6523 |