Furniture rental

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Under furniture rental (short: Rent or rare Fahrni rent ) is the pecuniary and temporary cession of movable property .

General

The tenancy sees the rent, in everyday language, "the rent", both movable property (furniture rental; for example, car rental ) as well as real estate ( lease for land and land rights as apartment buildings ) ago. The amount of the rent, but also notice periods and other contractual components of a rental agreement, can be freely negotiated between the contracting parties (called landlord and tenant ) within the scope of the freedom of contract .

Legal issues

Tenancy law in Germany is regulated in particular in the BGB . It regards the lease as a contractual obligation and regulates it in Section 8 of Book 2 of the BGB; it only has an effect under the law of obligations and not in rem . The BGB systematically contains the general provisions for tenancies (§ § 535 to § 548 BGB) that are applicable to the rental of furniture. Because of its social importance, the apartment rent is more strictly regulated in the BGB than the other tenancies.

With today's equipment leasing, there is always atypical equipment rental . Both differ only in that the lessee bears the material and price risk . Rental objects for furniture rental are clothing ( e.g. costume rental ), animals ( mounts ) or means of transport (rental cars, airplanes ). On the other hand, people cannot be rented because the rental right is limited to movable property. Rather, people act as contractors or on the basis of a service contract (such as detectives ) or in the context of temporary employment .

German law also differentiates between mere transfer of use , rent and the additional permission to cultivate (the lease). If it is designed as a land lease , the lease is subject to the special rules of Section 585 ff. BGB. According to Section 581 (2) of the German Civil Code (BGB), the provisions of tenancy law are to be applied to lease contracts, unless otherwise stated in Sections 584 to 584b of the German Civil Code.

International

French law interprets the rental or lease contract ( French contrat de bail ) in the Roman legal tradition as a subspecies of the contrat de louage (the Roman locatio-conductio ). The contrat de louage records the transfer of things ( French louage de choses ), such as locatio-conductio rei and services ( French louage d'ouvrage ), such as locatio conductio operarum . Neither service and work contracts, nor between rent ( French bail à loyer ) and lease ( French bail à ferme ) is uniformly and precisely differentiated in Art. 1714 ff. Civil Code .

Common law

The rental of furniture in English law largely uses synonymously different terms ( English lease of movables, contract of hire / hire of chattels , rental agreement ). A distinction of an extra-legal nature only exists insofar as the lease is mostly related to a long-term finance lease , while the contract of hire covers a period of up to one week and the rental agreement of only a few days. English law does not recognize any similarities between renting a property and renting a property: they are therefore treated entirely as separate types of contract. Until the enactment of the Supply of Goods and Services Act 1982 (SGSA) (based on sales law) , the rental of furniture was completely regulated by common law ; However, since the SGSA 1982 only regulates the obligations of the tenant, common law in the form of the law of bailment still has an important position. The bailment includes roughly all legal relationships in which the depositary ( English bailee ) actual physical control of a non-holding documents belonging to matter; In addition to renting furniture, it therefore also includes safekeeping, pledging and lending.

Comparative law analysis

In a broader sense, the obligation to lease the rental property as the core business of the rental contract comprises three basic obligations: the provision of the rental property in the narrower sense, leaving the rental property and the obligation to maintain and repair the rental property.

The obligation to lease in the narrower sense does not initially seem to necessarily include an obligation to grant ownership: the tenant can use the rented property even without direct physical control. Accordingly, according to Section 535, Paragraph 1, Clause 1 of the German Civil Code, it is only necessary to grant the specific usage option - with the exception of specific contractual agreements - to meet the legal requirements for the behavior of the landlord. A similar position for the English law was in Fowler v Lock (1872) , although still represented by Byles J, but is now far more to the recognized rights: The thesis is diametrically opposed to the bailment, the granting of ownership ( English possession ) straight to the core. Possession is by delivery ( English delivery ) granted analogous to the legal definition for the purchase rights in s. 61 (1) Sale of Goods Act 1979 as "voluntary transfer of ownership from one to another" ( English voluntary transfer of possession from one to another is meant). In practice, of course, the situation between the two legal systems will hardly differ: In Germany too, statistically contracts with an obligation to procure property are likely to be in the majority, since the tenant will hardly be able to use the property otherwise.

The obligation to leave the rented property would be of little use to the tenant if it existed only for the moment and not for a certain period of time. In all legal systems there is consequently an obligation of the landlord not to reclaim the item for the duration of the contract. This self-evident from the nature of the thing results in German law from the general maintenance obligation of § 535 Abs. 1 Satz 2 BGB, but in English law it is explicitly in s. 7 (2) and (3) SGSA laid down in 1982. According to this, there is an implied term that grants the tenant "quiet possession".

A duty to maintain and repair is a cardinal virtue of the landlord under German law; Of course, the parties to commercial furniture leases are entitled to impose the maintenance obligation on the tenant themselves within the framework of general terms and conditions ; § 307 BGB does not contradict this. A comparable German law maintenance obligation ( English duty to maintain ) belongs to delivery controversial in contractual condition to the obligations of the landlord in English law: Fast pass all obligations of the landlord after SGSA 1982 only at the time of delivery, even in the common law is Despite criticism of this legal situation, which is perceived as unsatisfactory, there is no prejudice that could impose such an obligation on the landlord through implied term . In practice, this is usually remedied by accepting an express term . It should also be borne in mind that the lack of a maintenance obligation is likely to have an impact in the form of a lower price - from a price theoretical point of view, there is ultimately hardly any difference in the legal systems. The reason for this regulation is assumed to be the proximity of English furniture rental law to sales law ; accordingly, the caveat emptor sales law principle also applies to the rental of furniture.

literature

  • Stefan Lange: No fault-independent contractual liability of the tenant for damage to the rental property? Duncker & Humblot, Berlin 2005, ISBN 3-428-11859-6 , C. II. Comparative Law, p. 123-148 .
  • Kevin Poppen: The rental of furniture in English and German law . V&R unipress, Göttingen 2011 (publications on international private law and comparative law, volume 31).

Individual evidence

  1. Kevin Poppen: The rental of furniture in English and German law . V&R unipress, Göttingen 2011, p. 15-21 .
  2. ^ A b c Kevin Poppen: The rental of furniture in English and German law . V&R unipress, Göttingen 2011, p. 68-79 .
  3. BGH NJW-RR 1987, 906.