EL DERECHO DE SUBROGACIÓN EN LOS ARRIENDOS LOCATIVOS.

Abstract

This paper contains a study of the legal provisions successively and simultaneously in force in connection with the right of subrogation of premises leased for non-residential use. For that purpose, the lines and trends of interpretation indicated by Supreme Court and provincial appellate court jurisprudence have been scrutinized. The findings reveal that in Spain the death or retirement of the tenant of business premises produces different legal effects depending on the date when the business lease was made. These effects are supposedly disciplined by the following catalogue of legislation: a) Leases made as of 1 January 1995 must look to section 33 of the 1994 Urban Lease Act, Death of the tenant; b) Leases stipulated between 9 May 1985 and 31 December 1994 (with the lease in force or under legal or conventional extension under section 9 of Royal Decree 2/11985) obey section 60 of the 1964 Urban Lease Act, which regulates the matter (Transitional Provision One, 2, 94 ULA); and c) Leases accorded prior to 9 May 1985 are governed in this aspect by Transitional Provision Three, A) and B).