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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 1614Lessee may not sub-let unless agreed upon in the contract.

Sub-title I

In forceOfficial text

(1) The lessee is not entitled to sub-let a thing or to assign its lease, unless such right was agreed upon in the contract.

(2) For the purposes of this Sub-title, a management agreement or any other form of agreement, by means of which a lessee transfers to third parties the possession of the tenement or of the business operated from the commercial tenement shall be considered as sub-letting.

(3) Where the lessee is a limited liability company or any other form of company, the cumulattive inter vivos transfer of fifty per cent of the shareholding, even if carried out by means of more than one transfer and, or the transfer of the actual controlling power of the administration of such company or of the control of the business conducted from the tenement shall be considered as a sub-lease: Provided that such a transfer shall not be considered as a sublease if the transfer was made to any one of the spouses who are not legally separated and, or to the children of the shareholder.

Amendment history
  • Amended by XXIII.2017.81