IF   WE   TALKING   ABOUT LAW

ASESORAMIENTO LEGAL

SANEAMIENTO FÍSICO LEGAL DE INMUEBLES RÚSTICOS Y URBANOS

DESDE EL ESTUDIO DE TÍTULOS REGISTRALES, ANTECEDENTES DE LA PROPIEDAD HASTA SU INSCRIPCIÓN FINAL ANTE REGISTROS DE LA PROPIEDAD.

REALIZAR EL  DIAGNÓSTICO Y SANEAMIENTO LEGAL DEL PREDIO.

  Regularización de edificaciones tales como declaratoria de fábrica, reglamento interno, junta de propietarios, entre otros.

 

ü  Elaboración de contratos de construcción, superficie, usufructo, arrendamiento, compraventa, opción, cesión, garantía, entre otros contratos.

ü  Constitución de régimen de propiedad horizontal.

 

ü  Estudio de títulos registrales y antecedentes de propiedad predial.

 

ü  Tramitación notarial o judicial de procedimientos de formalización o regularización de la propiedad tales como prescripción adquisitiva, título supletorio, rectificación de áreas y linderos, tercería y otros. 

 

weWEBSITE: https://lawyer2015cardenas.wixsite.com/my-site

 

CCONTACTAR CON LA DRA. ROSA ISABEL CÁRDENAS AYALA AL EMAIL: lawyer2015cardenas@hotmail.com

CCAI: 5401

 

ASESORAMIENTO LEGAL SOBRE PRESCRIPCIÓN ADQUISITIVA DE DOMINIO EN EL PERÚ.

ASESORAMIENTO LEGAL SOBRE SANEAMIENTO FISICO LEGAL DE PREDIOS RUSTICOS Y URBANOS. PRESCRIPCION ADQUISITIVA DE DOMINIO, DIVISIÓN Y PARTICIÓN DE BIEN INMUEBLE, PETICIÓN DE HERENCIA Y OTROS. 

EL PRECIO DEL ASESORAMIENTO LEGAL A CONSULTAR AL EMAIL: lawyer2015cardenas@hotmail.com

CONSULTA DIRECTA CON LA DRA. ROSA ISABEL CÁRDENAS AYALA.

CAI: 5401

website: https://lawyer2015cardenas.wixsite.com/my-site

CIVIL LEGISLATION FROM EUROPE

LEGISLATION FROM          NETHERLANDS

Agreement Lease

THE AGREEMENT LEASE IN THE NETHERLAND

 

 

                       The Dutch Civil Code.

 

 

                     Definition of a 'lease agreement',
A lease agreement is an agreement under which one of the parties, the lessor, engages himself towards the other party, the lessee, to grant him the use of an immovable or movable thing or of a part of such thing, opposite to which the lessee engages himself to perform a counter performance.

 

A lease agreement may be related to the use of valuable rights.

 

In that event the provisions of this Section (Section 7.4.1) and of Sections 7.4.2 up to and including 7.4.4 are applicable to the lease agreement as far as the scope of these provisions does not oppose to such an application in view of the nature of the valuable right. 

 

A farm lease agreement is not regarded as a lease agreement.

 

 Obligations of the lessor / Landlord

 

Placing the leased out property at the disposal of the lessee.

 

The lessor is obliged to place the leased out property at the disposal of the lessee and to leave it at his disposal insofar this is necessary to comply with the agreed enjoyment (right of use).

 

That what to mean without defects.  An actual disturbance in the agreed enjoyment by a third person who does not claim to have a right in the leased property as meant in Article 7:211, is no defect in the meaning of paragraph 2; Neither a defect is the claim of a third person to the leased property itself, but without actually causing a disturbance in the agreed enjoyment.

 

Change the light bulb and very small changes. Before renting the room or study revises appropriate according to advertising and if the landlord hands you the room, studio or apartment in good condition. I would recommend that the repair is performed by the lessor and request it in writing. 

 

No agreed enjoyment left. If a defect makes it entirely impossible to enjoy the leased property in conformity with the lease agreement, but from Article 7:206 follows that the lessor is not obliged to remedy this defect, then both, the lessee and the lessor, may rescind the lease agreement on the basis of Article 6:267 of the Civil Code.

  

The damage caused by the fact that the lease agreement has ended in consequence of paragraph 1, may be recovered by virtue of a debt-claim for damages caused by a defect.

 

The obligations of the lessee. The lessee is obliged to perform a counter performance in the agreed way and at the agreed times. The lessee is obliged to behave himself with regard to the use of the leased property as a prudent lessee.

 

 The lessee is only entitled to use the leased property as agreed upon and, when parties have not made an agreement on this, to use it in conformity with the purpose for which it is intended by its nature. The lessee is not entitled to change, in full or in part, the functional arrangement or shape of the leased property without a written consent of the lessor, unless it concerns changes and additives which at the end of the lease agreement can be made undone and removed without noteworthy costs.

 

Where the lease agreement concerns the use of a residential space and the planned changes shall not adversely affect the possibilities to lease out the property nor will they decrease its value, the lessor must give his consent within eight weeks.

 

If the lessor does not give his consent, then the lessee may claim in court to get authorized to carry out the planned changes himself. If the lessor is not also the owner, usufruct or long leaseholder of the leased property, then the lessor ensures that the owner, usufructuary or long leaseholder is called in time to the legal proceedings as well. If the leased property is encumbered with a mortgage, then this obligation also exists towards the mortgagee.

 

The court shall in any case award the legal claim if the lessor should have given his consent pursuant to paragraph 2. In other situations, the court shall only award the legal claim if the changes are necessary for an efficient use by the lessee of the leased property or they improve the enjoyment that the lessee may have of the leased property, always provided that the lessor cannot bring forward compelling objections against these changes.

The Rental Contract

 

 

 

 

 

 

The court may subject its authorization to certain conditions or duties; upon the request of the lessor, it may also raise the rent if the changes give rise to that.

 

It is not possible to derogate to the disadvantage of the lessee from the previous paragraphs, unless it concerns the outside of the leased residential space.

Right of removal and right of compensation Up until the eviction the lessee is entitled to undo and remove the changes and additives he has introduced, provided that the leased property is brought back to a condition which at the end of the lease period reasonably can be regarded as being in conformity with its original state.

 

Before evicting the leased property, the lessee does not need to undo or remove rightfully introduced changes or additives, notwithstanding the competence of the court to impose such a duty upon him on the basis of Article 7:215, paragraph 5.

With regard to rightfully introduced changes and additives that are not undone or removed after the lease period has ended, the lessee may claim a compensation from the lessor to the extent that such a compensation is claimable under Article 6:212 of the Civil Code

 

 

Minor repairs, The lessee must, at his own expense, repair minor defects, unless it has become necessary to make these repairs because the lessor has failed to comply with his duty to remedy defects for which he is responsible (liable)

Presumption of proof with regard to the liability of the lessee.

The lessee is responsible (liable) for the damage caused to the leased property by a failure to comply with an obligation imposed on him by the lease agreement as far as this failure is attributable to him.

 

All damage is presumed to have been caused by an attributable failure as referred to in paragraph 1, except for damage caused by fire and, in case of a lease of constructed immovable property or a part thereof, damage at the outside of the leased property.

Without prejudice to Article 7:224, paragraph 2, the lessee is presumed to have received the leased property in an undamaged condition.

Therefore, I recommend you check well before renting the room. Ask to give a sheet with the description of the room and if fitted to describe the furniture. Do not accept broken furniture

 

 The suggestion is: Request always for a leasing contract and if is furnished - room must be attach the description of state that are found the furniture. In addition, I recommend you the following:  

Verify before with the landlord the status of the system heating, gas and electricity.

 

Review very well If working very well this system.

 

Check it in the same time if this room, studio or apartment are in good condition and especially if will lease it has the facilities they offer in advertising.

First, as a tenant requests the landlord send you by email a copy of the contract lease for your prior review. (is my own experience)


Second, Leave everything in writing.

Although verbal contracts are valid It is preferable requests always for a writing contract. Therefore, it is better a written contract that a verbal contract.
The landlord must give you a clean and not dirty room.
   

The landlord must provide you from their own cost: 01 key to your private room and 01 key to the front door. If you're a student or employee International minimum lease contract must be in English.

 
If the landlord does not provide you a list of the conditions of the room when  you come to occupy the room taking pictures of how you delivered the room.

 

 

·         Bibliography, Dutch Civil Code 

 

 

 

The Real Estate in The Netherland

Real estate is changing. The impact of much higher land prices as a proportion of development costs and investment worth, the consequences of dramatically quicker and cheaper building techniques, the rise of branding at last within the global real estate industry, the impact of technology on real estate asset classes.

 

The existing profession, wedded to stable cashflow positive properties, reliable bank financing, cash flow concepts of value and largely predictable data, has drifted out of relevance for the majority of real estate professionals. 

Nationality and Residence.

 

 

EUROPEAN LEGISLATION   

         Your rights as an EU citizen.

The Treaty on the functioning of the European Union entails the right to:  Move and reside freely within the European Union.

 

Vote for and stand as a candidate in European Parliament and municipal elections.

Be protected by the diplomatic and consular authorities of any other EU country.

Petition the European Parliament and complain to the European Ombudsman.

 

If you wish to come to the Netherlands and you are a national of an EU/EEA member state or Switzerland, or you are a family member or relative of an EU/EEA or Swiss citizen, and you yourself are not an EU/EEA or Swiss citizen.

 

As an EU/EEA or Swiss citizen you do not need a residence permit to stay in the Netherlands if your stay is based on the EC Treaty. Your passport (or ID document) of the country, of which you hold the nationality, is evidence enough that you are permitted to stay in the Netherlands. You don’t need to register with the IND

 

If a family member who is not an EU/EEA or Swiss citizen, intends to stay with you in the Netherlands, you do have to register with the IND

 

If are you planning to stay for longer than 4 months in the Netherlands? You will need to register with the personal records database (BRP) at your local municipality. You will then be issued a Citizen Service Number.

  

Right to work

 

If you hold a residence permit (vvr) as a student, you are allowed to work in the Netherlands only if you employer has a work permit (TWV). Your employer has to apply for this work permit at UWV . If you are a Japanese national no work permit is needed. 

In addition, you are only allowed to work for a maximum of 10 hours per week. Instead of these 10 hours a week, you may also do seasonal labour during the months of June, July and August.  In both cases the employer must have a TWV (except for Japanese nationals). 

If an internship is a compulsory part of your study program, your employer will not need to have a TWV. Instead, you, your employer and your educational institution will need to set up and sign an internship agreement.

 

Validity residence in Europe it allows you

 

A residence permit (vvr) for study purposes is issued for the duration of your study program plus 3 months for the administrative completion of the program, and, if applicable, the preparatory year.

The maximum period of the validity of the residence permit is 5 years.

Before the end date of your residence permit, your recognized sponsor may apply for an extension of your stay for the duration of your study program.

On the residence document itself you will find your personal data, along with other information such as your v-number,

The purpose of your stay as well as the start and end date of your permit.

 

The document also states your employment status. This status tells you whether and under which conditions you are allowed to work.

Upon collecting your residence document, make sure to check all (personal) data on the document. If they are, in any way, not correct, please do not take the document home with you, but notify the IND employee attending you at the IND desk.

If you change your course during your stay in the Netherlands, the recognized sponsor will assess whether you can be admitted to another course. If you comply with the conditions your educational institute will also check if your residence permit is still valid. If not they will submit an application for extension of your residence permit.


To continue your studies in the Netherlands you are expected to maintain sufficient progress toward a degree. You should earn at least 50% of the credits required per academic year. The educational institution checks this at the end of each academic year. If you do not meet this standard, the residence permit may be withdrawn.

 If you have successfully finished your study program, your permit ends. You will then need to leave the Netherlands, or if you wish to stay, apply to stay for another purpose. 

 

 

 As a graduate you may for example apply for an orientation year for graduates. This permit allows you to seek employment for 1 year after your graduation date, for example as a highly educated migrant

 

You then apply for a residence permit to seek and perform work in employment or otherwise..

 

Bibliography,

 

  • European Commision Justice. Eu Citizenship.
  • Website Ministry of Security and Justice.