Skip to content

Explanation of Article 412

Explanation of Article 412

The article clarifies the time from which the duration of the lease contract begins to be calculated, and it determines its commencement from the date specified by the contracting parties in the contract. If no start date is specified, the commencement is considered to be at the time the contract is concluded with the meeting of offer and acceptance. What this article has determined is merely an application of the principle established by paragraph (1) of Article (275), which states that "fulfillment must occur immediately upon the obligation being established in the debtor's liability, unless there is an agreement or statutory provision to the contrary. Therefore, if the contracting parties in the lease contract agree on a date for the start of the term, it begins from that date; otherwise, from the date the contract was concluded, as it is the time when fulfillment is required."

Article 412

The lease term shall commence from the date specified in the contract, or from the date of concluding the contract if no date is specified.