The right of preference in the contract of letting and hiring

Abstract

The contract of letting and hiring may be described as one of the comer stones of our society, providing several individuals with various vital commodities such as. for instance, a remuneration in the case of the letting of a skill or an abode or a place of business in the case of the letting of a tenement. The legislator must thus dedicate great attention to this institute so as to ensure that the outcome of the contract is just on both sides and that a suitable balance be maintained between the lessor and the lessee. A failure in this respect would have very serious repercussions in that it could lead to injustices and abuses. The right of preference, in virtue of which certain persons are preferred to others in the letting of a tenement on meeting the same conditions offered by others. is a good example of the attainment of the desired balance necessary between the two parties, since it affords an adequate protection to the lessee whilst allowing the lessor to exploit his property to its full potential. Measures of this kind have a positive effect on the contract of lease and should serve as a guideline for the legislator to enact similarly effective norms. The object of this thesis is to analyse this right of preference to which the lessee is entitled in the contract of letting and hiring and by so doing to suggest how it may be improved and how it can inspire other similarly effective provisions.