Belgique : qualification d'un contrat de bail à vie
Auteur | Legal News |
Dans un contrat de bail signé par un couple belge, la jouissance de l'immeuble dépendra de laquelle des deux parties survivra à l'autre et pendant combien de temps. Ainsi, ce n'est qu'après le décès d'une des parties que l'on pourra constater celle qui aura le bénéfice de l'immeuble. Ce contrat conclu par le couple doit dès lors être considéré comme un contrat aléatoire. En effet, un contrat est défini aléatoire lorsque la chance de gain ou de perte dépend d'un événement futur et incertain qui ne doit pas être strictement équivalente pour les deux parties. Dès lors, la Cour confirme la décision du premier juge selon lequel le bail souscrit ne constitue pas une donation mais bien un bail à caractère aléatoire dont le prix...
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