TITLE IV

HIRE OF PROPERTY

CHAPTER I

GENERAL PROVISIONS

 

Section 537.- A hire of property is a contract whereby a person, called the letter, agrees to let another person, called the hirer, have the use or benefit of a property for a limited period of time, and the hirer agrees to pay a rent therefore.

 

Section 538.- A hire of immovable property is not enforceable by action unless there be some written evidence signed by the party liable. If the hire is for more than three years or for the life of the letter or hirer, it is enforceable only for three years unless it is made in writing and registered by the competent official.

 

Section 539.- Costs of a contract of hire are borne by both parties equally.

 

Section 540.- The duration of a hire of immovable property cannot exceed thirty years. If it is made for a longer period, such period is to be reduced to thirty years.

The aforesaid period may be renewed, but it must not exceed thirty years from the time of renewal.

 

Section 541.- Contract of hire may be made for the duration of the life of the letter or of the hirer.

 

Section 542.- When several persons claim the same movable property under different contracts of hire, the hirer, who has first taken possession of the property by virtue of his contract, shall be preferred.

 

Section 543.- When several persons claim the same immovable property under different contracts of hire :

                (1) If none of the contract is required by law to be registered, the hirer, who has first taken possession of the property by virtue of his contract, shall be preferred ;

                (2) If all the contracts are required by law to be registered, the hirer whose contract was first registered shall be preferred ;

                (3) If there is a conflict between a contract which is required by law, and a contract which is not required by law, to be registered, the hirer whose contract has been registered shall be preferred, unless the other hirer has taken possession of the property by virtue of his contract before the date of registration.

 

Section 544.- Unless otherwise provided by the contract of hire, a hirer cannot sublet or transfer his rights in the whole or part of the property hired to a third person.

If a hirer acts contrary to his provision, the letter may terminate the contract.