Abstract:

As it is known that in our country, institutions of higher education and Rental contract is a type of agreement which is drew on so frequently and serves best to meet the housing requirements of the present day. As a result of its use so frequently, it has become open to the violations. Since rental contract was also closely related to the economy, the tenants fell into difficulty in the face of the landlords at times. The necessary regulations are being made in the laws of the social states for the purpose of protecting the tenants against the landlords. It was possible for the new landlord to take out the tenant from the estate by giving compensation which arised from the positive violation of the agreement within the framework of the rule “sale breaks the lease (emptio tollit locatum)” in the old Code of Obligations (art. 254/II). However, this rule was causing the tenant to suffer damage and to find a new house or workplace. The necessary regulations were made in the new Code of Obligations with a view to make up for the injustice of this rule. According to the article 310 of the Code of Obligations, “sale does not break the lease”. We aim to research the content of this rule in detail in our article

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