Non-money contributions and the right of retract in urban leases: state of the art and the need for clarification

Abstract

In this work we analyze the right of retraction of the urban tenant ─as a subsidiary modality of exercise of the right of preferential acquisition─, dwelling on the legal titles that enable it to be exercised, in particular in the transmission through a non-monetary contribution of a urban property leased to a commercial company. Specifically, we will study the discreet but perceptible change of orientation that has been taking place in some jurisprudence and doctrine, by virtue of which the typology of transmissions that would operate as a triggering presupposition of that right is expanded, beyond its natural exponent constituted by the contract trading. In this way, we will expose the state of the matter and the need for the Supreme Court to establish with greater clarity the criteria that should govern in this matter.