Explanation of Article 408
The subject of the lessor's obligation in the lease contract, which is the enabling of utilization, must meet the general conditions for the subject of obligation in any contract. These conditions are that it must be possible in itself, not contrary to public order, and must be specified by itself, by its type and amount, or capable of being specified.
The first paragraph clarifies what can be the subject of the lessor's obligation under the lease contract, which falls into three types: The first type: the leased object is a tangible item, whether it is real estate like renting land or a house, or movable like renting a vehicle or a machine. The second type: the leased object is a benefit, as if the lessee of the property rents it to another lessee. The third type: the leased object is a right, as if the beneficiary who owns the right of usufruct leases this right to others.
In all the aforementioned cases, the leased object can be specified by itself, as if a specific car is leased, or specified by type, as if a car is leased by its type and specifications without specifying it by itself.
The second paragraph establishes the validity of the lease contract in the common share; for example, someone who owns half of a property in common can lease it, and the lessee can utilize the benefit by alternating with the other partners or lease his share of the benefit if he is authorized to do so or if the lessor permits it - to one of the partners or others. The generality of the paragraph indicates the validity of leasing the common share even if the property is divisible; as if the common property were identical cars.
Related To
Article 408
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A leased thing, whether a specific thing or a thing of a specific type, may be a property, usufruct, or right.
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A leased thing may be a common share.