YEAR 2017 N.º 3

ISSN 2182-9845

Protection for tenants in German and Spanish private law: Two clearly opposed patterns

Beate Gsell / Markus Artz / Esther Arroyo Amayuelas

Keywords

lease; party autonomy; permanent contracts; temporary contracts; rent; “sales breaks hire”.

Abstract

This contribution compares the German and the Spanish legislation on lease; it particularly deals with questions such as grounds for termination of the contract and freedom to negotiate the rent. The study shows two clearly opposite models and illustrates the road that still should be traversed in Spain to better protect the tenant.