September 25, 2021

The Obligations Act regulates rental and rental agreements, the Rental and Sale of Commercial Premises Act regulates specific provisions for the rental of commercial space, and the Rental of Housing Act regulates the rental of housing. Land ownership is a right to use and construct real estate under conditions similar to those of property. The right of ownership of the land remains in the hands of the owner, which may be the State or the municipality. The beneficiary who has the right of use is designated as the tenant. The tenant owns the buildings, can mortgage the inheritance tax and has the right to transfer it to another party. Dutch law also recognises publicly registered rights of use (vruchtgebruik, erfpacht) and building rights (opstal) which have the right of the owner to use the land for the purpose of constructing buildings on the land. However, the nature of these rights is closer to ownership than rental. Urban plans (detailed urban plans) are decided exclusively by Swedish municipalities. However, project owners can work with the municipality to prepare a new urban plan necessary for a land development project. Abu Dhabi law does not provide a clear distinction between a lease (a personal right) and a usufruct (a right to surrender). Although the law provides that long-term leases (i.e. those with a term of 25 years or more) are property rights, it does not clearly define the characteristics of shorter-term leases. In practice, the Municipality of Abu Dhabi (ADM) has granted leases with a duration of more than four years in favour of a UAE national (or a company wholly or partly owned by a non-VAE national) in respect of land outside an investment area that contains subletting rights (and is therefore not able to: of a non-Emirati national outside an investment zone).

Are preliminary contracts usually concluded before the conclusion of a sales contract? The Ground Leases Act (Ley de Arrendamientos Rústicos) applies to inheritance contracts, such as the lease of a farm including all machinery and the right to grow grain, etc. Inheritance contracts are subject to what has been expressly agreed by the parties, as long as they do not oppose the Inheritance Tax Act, in the absence of explicit provisions of the Civil Code and, if this is not the case, of the law in force. The Polish Civil Code distinguishes between: a rental agreement (najem) that grants the right to use the property against payment for a fixed or indefinite period; and a rental agreement (dzierżawa) which governs the right to use and recover real estate profits against payment for a fixed or indefinite period. Italian legislation distinguishes between real estate rental contracts (locazione) and commercial branch contracts (affitto di azienda). . . .