Explanation of Article 449
The lease contract of land for agriculture does not differ in general from other lease contracts in terms of the obligations of the contracting parties; the lessor is obliged to deliver the land suitable for deriving the intended benefit from it and to enable the lessee to do so throughout the lease term, and to carry out necessary repairs and ensure protection against disturbance, and to guarantee against hidden defects. In return, the lessee is obliged to pay the rent, maintain the leased property as a prudent person would, use the land in the usual manner, and perform regular maintenance.
The article addresses matters related to repairs and maintenance in the lease of land for agriculture and who among the contracting parties is responsible for them. The first paragraph stipulates the lessor's obligation to carry out repairs necessary for enabling the lessee to exploit the land; such as performing necessary repairs in existing buildings, like workers' buildings, and repairing substantial damages in water tanks and the like.
The second paragraph stipulates the lessee's obligation to perform maintenance required for exploiting the land, such as maintaining wells, water channels, drainage systems, and roads. If the lease contract of land for agriculture includes tools and agricultural machinery, the lessee is obliged to perform regular maintenance of these tools and machinery according to customary practice and to use them in the usual manner according to custom.
The third paragraph clarifies that what is stipulated in paragraphs (1) and (2) are supplementary rules to the will of the contracting parties in the absence of an agreement between the lessor and lessee to the contrary, and it is not part of public order; if there is an explicit or implicit agreement to specify the types of repairs and maintenance that the lessor or lessee is responsible for contrary to what is stipulated in the article, it must be adhered to. An implicit agreement could be that custom or the dealings of the contracting parties differ from what is stipulated in the article, and what custom or the usual dealings of the contracting parties dictate should be followed.
The permissibility of agreeing to amend the obligations of the contracting parties is consistent with the general rules stipulated in articles (173) and (174) allowing for the amendment of contractual liability provisions except in cases of fraud or gross error.
Related To
Article 449
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The lessor shall make any repairs necessary to enable the lessee to utilize the land.
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The lessee shall carry out any maintenance necessary for the utilization of the land, including the maintenance of wells, waterways, drains, and roads. If the lease includes agricultural tools and equipment, the lessee must use and maintain the same according to custom.
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The lessor and the lessee may reach an agreement contrary to the provisions stipulated in paragraphs (1) and (2) of this Article.