Legal Protection of Tenants as a Result of Lease Transfer of Grocery Store Stands

This article analyzes the legal protection for tenants regarding the practice of transferring the lease of grocery store stands, which is often done to avoid losses but often does not comply with legal provisions. Based on Article 1559 KUHPdt, the transfer of lease requires permission from the landlord, and violation of this rule can lead to legal conflicts. The research uses a normative juridical approach, with an analysis of primary and secondary legal materials. The results show that prudence in lease agreements, such as ensuring a written lease transfer permit, inspection of ownership documents, and communication between the relevant parties, is essential to avoid disputes. In the event of an illegal lease transfer, negotiation is recommended as a dispute resolution step. This article emphasizes the importance of good faith in business practices to ensure fairness and legal protection for all parties involved.

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Publication Details

Journal
Lex journal kajian hukum dan keadilan
Published
2024-12-25
DOI
https://doi.org/10.25139/lex.v8i2.9476
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Protection of Tenants as a Result of Lease Transfer of Grocery Store Stands

F. Rahman, Nur Handayati, Syahrul M. Borman
Lex journal kajian hukum dan keadilan
European and International Contract Law
article

Legal Protection of Tenants as a Result of Lease Transfer of Grocery Store Stands

F. Rahman, Nur Handayati, Syahrul M. Borman
article en

Abstract

This article analyzes the legal protection for tenants regarding the practice of transferring the lease of grocery store stands, which is often done to avoid losses but often does not comply with legal provisions. Based on Article 1559 KUHPdt, the transfer of lease requires permission from the landlord, and violation of this rule can lead to legal conflicts. The research uses a normative juridical approach, with an analysis of primary and secondary legal materials. The results show that prudence in lease agreements, such as ensuring a written lease transfer permit, inspection of ownership documents, and communication between the relevant parties, is essential to avoid disputes. In the event of an illegal lease transfer, negotiation is recommended as a dispute resolution step. This article emphasizes the importance of good faith in business practices to ensure fairness and legal protection for all parties involved.

Lex journal kajian hukum dan keadilanVol. 8(2)
Universitas Dr. Soetomo (ID)
Openalex Percentile: Top 41%
European and International Contract Law
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Legal Protection of Tenants as a Result of Lease Transfer of Grocery Store Stands — F. Rahman, Nur Handayati, et al. · Lex journal kajian hukum dan keadilan (2024) | TGRS Research Map | TGRS