Art 525 cc

Art 513 civil code

3) When the property must be rebuilt, or repaired with necessary works that cannot be executed without delivery or vacating, or demolished because of its state of ruin or for the construction of a new work.

ARTICLE 519. <DIFFERENCES IN THE RENEWAL OF THE CONTRACT>. The differences occurring between the parties at the time of the renewal of the lease shall be decided by verbal procedure, with the intervention of experts.

ARTICLE 521. <PREFERENCE OF PREVIOUS LESSEE IN RECONSTRUCTED PREMISES>. The lessee shall have the right to be preferred, in equal circumstances, to any other person in the lease of repaired, reconstructed or newly built premises, without the obligation to pay premiums or special values, other than the lease fee, which shall be fixed by experts in case of disagreement.

PARAGRAPH: For the purposes of this article, the owner shall inform the merchant, at least sixty days in advance, of the date on which he may deliver the premises, and the latter shall give notice to the former, not less than thirty days prior to such date, whether or not to exercise the right of preference for the lease.

Article 523

[DCiv] A contract by which one party, the bailor, delivers to the other, the bailee, a non-fbngible thing for use and enjoyment, with the obligation to return it. It is a real contract, essentially gratuitous, although remuneration may be stipulated, and temporary. It may apply to fbngible things when they are not to be consumed.

According to article 1.740 C.C., the bailment can be defined as: that gratuitous contract by which one of the parties delivers to the other a non-fungible thing so that it can use it for a certain period of time and return it to him.

As to its characteristics, the bailment is a principal contract, real, perfected with the delivery of the thing, although it is born by consent, as some authors state, essentially gratuitous (arts. 1.740 and 1.741 C.C.), imperfect unilateral (there are only obligations for the bailee, but in some cases the bailor may also be bound) and temporary, given its gratuitous nature (art. 1.750 C.C., V. precarious) and transfer of use and enjoyment.

Art 523 cc

(Civil) Pacta sunt servanda is one of the presiding principles of the general theory of contract and expresses that contracts bind the parties. Contracts are binding, have the force of law between the contracting parties, and must be performed in accordance with their terms (Art. 1091 CC). Their binding force is independent of the form in which they have been concluded and will be produced as long as the essential elements concur (art. 1278 CC), except in cases in which the form is an essential element. The binding force derives from the will of both contracting parties, not, for example, from the oath that may be taken (art. 1260 CC), and certainly will not exist when there is only the will of one, as would be the case if the validity and performance of the contract had been left to the discretion of one of the contracting parties, which would result in the nullity of the contract (art. 1256 CC).

Contracts are binding from the contractual consent (art. 1258 CC), unless they require some formality for their perfection, as occurs in real contracts such as the loan (art. 1740 CC), the deposit (art. 1755 CC) or the pledge (art. 1863 CC).

Article 530 civil code

The appellant owner understands, when requesting the eviction for precariousness, that his ex-wife lacks the power to authorize her partner to reside in the dwelling, the use of which was attributed to her because she has custody of the daughters.

The considerations of the appealed judgment are correct. The right of use of the family home is not attributed only for the care of the children, but also for them to establish their family domicile.

In use of personal freedom, the parent to whom the use of the family home is attributed can establish stable couple relationships or permanent family relationships with other members of his family.

The Civil Code does not contemplate marital cohabitation as a cause of extinction of the attribution of the use of the home, unless there is an alteration of the circumstances, which will not be taken into consideration if the interest valued is that of the children.

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