Succession inter vivos in the lease

Abstract

This paper analyzes the consequences that the change in ownership of the leased property produces in the lease contract, either due to the alienation of the property or due to the extinction, resolution or ineffectiveness of the lessor's right. The regime of the Spanish Civil Code is based on the principle of venta quita renta, with the sole exception that the contrary had been agreed or that the lease was registered in the Land Registry, without regard to the good or bad faith of the purchaser. On the other hand, the special legislation on rural and urban leases obliges the new owner to respect, at least, the minimum legal duration of the contract.