Court Supreme

When the lessee sold stock, goods, goods or facilities of your property that has, or the business itself, will require that both the mandatory offer to the lessor as in writing that solemnizing the transfer, the transfer of the local price to post separately that corresponds to the remaining goods transmitted. Applicable sitting that VAT not integrates into the price, in attention that it’s a tax whose taxable person is transferring, amen that its accrual is temporarily back to the perfection of the contract (judgment of the Court Supreme 26/3/2009) 4 th) that the lessee notifies the lessor reliably or, failing that, your agent, Manager and, ultimately, that materially copper income, its decision to transfer and the price agreed. Puesto_que law recognizes the right of pre-emption, which you can use within thirty days, from the following the day on which the lessee notified its decision to transfer and the price that has been offered, the lessor’s local business as a result and until this period has elapsed, not can the lessee conclude with a third party transfer 5th) granted by public deed transferwhich must be entered in, under the responsibility of the lessee, having complied with the previous requirement and the amount that was offered transfer to lessor. The public deed, has as sole purpose protecting the rights of the lessor. What if the transfer is embodied in a private document signed by the landlord or any other form the lessor in the legal business, intervenes directly paying their conformity and perceiving their participation, don’t need the requirement of the public deed, when this does not see violated their rights (SSTS: December 1, 1983, November 23, 1984, 28 November 1986, 23 February 1988, on March 7, 1989). 6 Th) that within eight days following the granting of the deed, the lessee notifies mode of irrefutable to the lessor or, failing, people that mentions PA. 4th, the completion of the transfer, the perceived price, name and address of the purchaser and that this obligation established in PA. 2nd.

In a nutshell we can say that the differences between a situation and another are as follows: 1. in the transfer must have the consent, express or tacit of the landlord who also enjoys the right of first refusal and withdrawal, as this is currently don’t need such consent, nor there is a right of first refusal or withdrawal. 2. In the transfer the lessor has right to the perception of a part (10-20 or 30%) of the price of the transfer, it must be with certainty, in the assignment or sub-letting It is not necessary to put the price and the lessor has no rights over it. 3. In the transfer the lessor is entitled to raise the rent by 15% in the partial sublease a 10% and 20% assignment. Original author and source of the article

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