Podcast
Questions and Answers
What happens if there is a clause in the lease contract forbidding sublease?
What happens if there is a clause in the lease contract forbidding sublease?
- The premises can still be subleased by the lessee to a 3rd party
- The premises cannot be subleased (correct)
- The landlord has a preferential right to acquire the business concern
- The landlord can request a fair rent to be fixed
When is the lease contract automatically transferred to the buyer in the case of selling a business concern?
When is the lease contract automatically transferred to the buyer in the case of selling a business concern?
- Only if the nature of the previous business is not changed
- If there is no clause prohibiting transfer in the lease contract
- If the landlord believes that the rent in the transferred lease is no longer suitable
- Regardless of any clause in the contract prohibiting such transfer (correct)
What must the buyer respect when the lease contract is transferred to them as part of buying a business concern?
What must the buyer respect when the lease contract is transferred to them as part of buying a business concern?
- All the obligations resulting from the original lease contract (correct)
- The nature of the previous business must be changed
- The original lease contract must be terminated
- The buyer has no obligations towards the original lease contract
What does registering a mortgage on a business concern provide to the mortgagee?
What does registering a mortgage on a business concern provide to the mortgagee?
Under what condition can a creditor request a garnishee order against a business concern?
Under what condition can a creditor request a garnishee order against a business concern?
What is the purpose of the publication mentioned in the text?
What is the purpose of the publication mentioned in the text?
What happens if the purchaser pays the price before the 10-day limit?
What happens if the purchaser pays the price before the 10-day limit?
What is the responsibility of the Chief Clerk of the First Instance Court with regards to the sale of a business concern?
What is the responsibility of the Chief Clerk of the First Instance Court with regards to the sale of a business concern?
Why should the landlord be notified if the sale includes the transfer of the lease contract?
Why should the landlord be notified if the sale includes the transfer of the lease contract?
Why must the purchaser not pay the price until after completing the publication formalities?
Why must the purchaser not pay the price until after completing the publication formalities?
What elements are included in a business concern?
What elements are included in a business concern?
What is the most important element of a business concern?
What is the most important element of a business concern?
What type of instrument should be used for the sale of a business concern?
What type of instrument should be used for the sale of a business concern?
What happens if the sale of a business concern is not registered at the Special Commercial Register?
What happens if the sale of a business concern is not registered at the Special Commercial Register?
What must the sale of a business concern include in order to have an effect towards third parties?
What must the sale of a business concern include in order to have an effect towards third parties?
What elements are included in the sale if the deed does not mention them?
What elements are included in the sale if the deed does not mention them?
What must be mentioned in the deed of sale at all times?
What must be mentioned in the deed of sale at all times?
How can the buyer operate in the leased premises when there is no lease contract between them and the landlord?
How can the buyer operate in the leased premises when there is no lease contract between them and the landlord?
What is the purpose of publishing an abstract of the deed of sale in the Official Gazette and local newspaper?
What is the purpose of publishing an abstract of the deed of sale in the Official Gazette and local newspaper?
What is the responsibility of the Chief Clerk of the First Instance Court with regards to the sale of a business concern?
What is the responsibility of the Chief Clerk of the First Instance Court with regards to the sale of a business concern?
