News
Amendments to a contract of lease do not apply to a contract of sub-lease
- 17/04/2018
The Court of Cassation, by Judgment n. 6390 of 15th March 2018, has observed that article 1595, paragraph 3, of the Civil Code, creates a very strong relationship between a contract of lease and a contract of sub-lease, on behalf of the lessor and of the sub-lessee.
Although a contract of sub-lease is strictly connected to a contract of lease, this does not determine the existence of a single contractual relationship. Instead, there is a plurality of contracts and each of them is to be considered as an independent entity.
Therefore, a lessor and a lessee cannot validly amend the clauses of the contract of sub-lease regarding the same property of the contract of lease. For example, the re-signing of a contract of lease which was already terminated does not have any effects on the contract of sub-lease.
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