Existing contract

In the Austrian law of obligations, the leasing contract is the basic form of the transfer .

The lease contract is regulated in § 1090 General Civil Code (ABGB):

"The contract whereby someone receives the use of a non-consumable item for a certain period of time and for a certain price is actually called an inventory contract."

The contractual relationship is inventory called the two parties called lessor and inventory takers . The price is a consideration ( inventory interest ).

There are two basic forms of existing contracts:

the rent
the lease

"The inventory contract becomes a rental contract, if the item in inventory can be used without further processing; but if it can only be used through diligence and effort, it is called a lease. "

- § 1091 ABGB.

So typically you would rent a parking space but lease an orchard. The lease then also means that fruits (in the general sense) of the stock belong to the tenant ( fruiting ). The distinction between the two forms is not always easy in practice. In particular, § 1091 regulates the 2nd sentence: “If objects of the first and second kind are given in inventory at the same time by a contract; the contract is to be assessed according to the nature of the main item. "

The differentiation has an effect, for example, on real estate rent , because tenant protection is mandatory according to the Tenancy Law (MRG), while leases for real estate between the contractual partners are largely free. In addition, there are different regulations with regard to uselessness (exemption from interest on rent) and the burden of bearing (maintenance, repair, restoration; duties; protection obligations; and the like), as well as with regard to the passing on of use.

A third, modern form is:

the lease (rental with elements of purchase on credit)

To be differentiated from the lease contracts, on the one hand, are the loan (free transfer) and the purchase (more extensive transfer of ownership). There are also some related special forms, such as long lease and hereditary interest contracts, or dismantling contracts (consumable items).

The fee for contract documents for existing contracts is regulated in Section 33 TP 5 Fee Act 1957 (GebG).

Individual evidence

↑ Still old in the legal text: "Rental agreement"

↑ ^a ^b ^c Delimitation of lending, leasing, rent - general overview: Brief information on the delimitation between contractual relationships. Chamber of Commerce: Commercial Law and Trade Law - Tenancy Law and Lease (accessed February 25, 2017).

↑ Still old in the legal text: "zweyten, judge"

↑ Fee for rental agreements, lease agreements and other lease agreements. Federal Ministry of Finance: Taxes from AZ (accessed February 25, 2017).

↑ The charging of existing contracts. Chamber of Commerce: Taxes - Gebürhen (accessed February 25, 2017).

[1] Still old in the legal text: "Rental agreement"

[wko-2] Delimitation of lending, leasing, rent - general overview: Brief information on the delimitation between contractual relationships. Chamber of Commerce: Commercial Law and Trade Law - Tenancy Law and Lease (accessed February 25, 2017).

[3] Still old in the legal text: "zweyten, judge"

[bmf-4] Fee for rental agreements, lease agreements and other lease agreements. Federal Ministry of Finance: Taxes from AZ (accessed February 25, 2017).