Legal Status

  • Real estate leasing
    • transfer of usage relationship to real estate
  • Real estate leasing agreement
    • innominate contract
      • =   not a legally regulated agreement
    • qualification of theory and legal opinion
      • right to use transfer agreement sui generis with elements from
        • purchase
        • rent
        • mandate
        • loan

Further information

  • Various theories have been developed over time
    • Rental or purchase agreement theory by Brumann
      • Brumann, loc. cit., p. 200
    • Credit agreement theory by Giovanoli
      • Giovanoli, loc. cit., p. 18
    • Right to use transfer theory by Wulkan
      • Wulkan, loc. cit., p. 98 ff.
    • Right to use transfer agreement sui generis according to Hess
      • Hess, loc. cit., p. 227 ff.