Of the Obligation to make a Collateral Deposit when Renting Property

Authors

  • Carlos Gómez de la Escalera

Keywords:

Ley de Arrendamientos Urbanos, Fianza arrendaticia, Arrendador, Arrendatario

Abstract

The papers sets out the ins and outs of this obligation on the part of the occupier by clarifying the nature of the relation between the owner and occupier, the need for and nature of such a guarantee, those contracts where this would be called for, those subject to its being required, the time, quantity and means of payment proper to the same and norms governing its repayment, likewise the time and other limits on its formulation and any up-dating to which such a sum could be subject to. The author then considers the relationship as between an occupier and the administration of an Autonomous Regional Government where the collateral deposit must be made open to said administration. The legal characteristics, origins, those subject to and the object behind such an obligation are then explained as is the repayment of the same, the time allowed for this and consequences of any delay in doing so. Those powers by which such an administration can fix and then demand the making of such a collateral deposit as guarantee are also discussed as is the standing of such a deposit not only as a public loan but also as a regional tax. The author finishes by considering the constitutional consequences of a deposit being so considered as he does the content and limits upon autonomous regional competencies and the manner in which such powers as these do enjoy are to be exercised.

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Published

2000-09-28

How to Cite

Gómez de la Escalera, C. (2000). Of the Obligation to make a Collateral Deposit when Renting Property. Ciudad Y Territorio Estudios Territoriales, 32(124), 485–504. Retrieved from https://recyt.fecyt.es/index.php/CyTET/article/view/79675

Issue

Vol. XXXII, núm. 125 (2000)

Section

Articles

License

Copyright (c) 2000 Carlos Gómez de la Escalera

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