Legal Opinion On Lease Agreement

In this case, the lease expressly does not set any conditions for Mr. X`s power. Therefore, we believe that the bank, prior to entering into a sublease agreement with Mr. X, should seek written authorization from Mr. X from the original lessor with respect to the subleased contracts. In this context, in accordance with Article 1467 of the Italian Civil Code, if one of the parties` obligations has become excessively burdensome due to exceptional and unpredictable events, that party may request the termination of the contract. However, the other party may prevent the termination of the contract by proposing a fair change in the terms of the contract. “This agreement is binding on rights holders, legal representatives, directors and beneficiaries of the surrender of the parties.” A legal opinion is a written confirmation by a lawyer in the country where the foreign party is located. Counsel certifies that the transaction will be effective and enforceable under existing foreign law, thereby reducing the risk to other parties. In the event that the notice is incorrect and the transaction is in fact unenforceable, the recipient of the notice may be able to sue the lawyers who submitted it.

However, when a foreign limited company participates in a transaction, such protection is not available to that company. If the documents state that the agreement is governed by English law and that the English courts are exclusively competent, it will be possible to obtain a judgment in England. Unfortunately, this does not mean that the judgment is enforceable: it must normally be carried out by measures in the country where that company is incorporated; if it is established that the documents in question have not linked this company at all, the enforcement action will not be successful. If the tenant sublet the property, there are two leases. The first is the primary tenancy agreement between the landlord and the tenant. This agreement is still in place and the tenant retains all his obligations in him. In particular, he is responsible for paying the rent to the landlord. The second is the subletting agreement between the tenant and the third person. The sublease ends as soon as the primary lease expires.

Invoking the appeal of Article 1467 of the Italian Civil Code, the excessive burden of the undertaking exceeds the economic risk initially accepted by the parties and is caused by exceptional events that the parties may not have predicted when the agreement was signed. The forced closure of the premises and/or the emergency economic situation resulting from the emergency situation of COVID 19, since these are unpredictable external circumstances, regardless of the tenant`s will and behaviour, can therefore be considered as serious reasons for the exit of the tenancy agreement. – properly maintain the property and not use it for any purpose other than the one for which it was leased. For example, to use the property only for residential purposes, not to create a nuisance, and so on. In accordance with Article 27, paragraph 8, of Law No.