In the commercial world, it is common to handle different types of contracts for each of the economic activities, but it is not a secret that for some time now, the contractual practice has been mutating, thus generating a new variety of contracts that may arrive To be confused with those already established by law, such contracts are considered atypical contracts, but said atypicality is merely legal since they are not regulated by law; but that even so they enjoy a social typicity that is the recognition that society has given them with the continuous practice of the use of said contracts.
Due to the above, many times merchants when they enter into this type of atypical contracts do not really know their own characteristics, so that in the absence of special regulation, it is more difficult for them to have clarity of the rights and obligations than of them. They derive, which is why they result in confusion, abuse or misunderstandings that often generate conflicts in the contracting parties.
It is because of what has been said, that this document aims to clarify one of the aforementioned contracts, that is, the commercial space concession contract, since said atypical contract is normally confused with some typical contracts, such as the lease contract. and the commercial premises lease. This is due to the misconception that these contracts are intended to grant the use and enjoyment of a real estate or a part of it, but it must be emphasized that these contracts are different since otherwise it would not make sense to have several equal contracts. Therefore, when differentiating the commercial space concession contract from the previous ones, you must take into account the following:
- WHAT IS THE COMMERCIAL CONCESSION CONTRACT?
This contract could be defined as one under which the concessionaire seeks the possibility of exploiting a physical space within a larger commercial establishment, which will be owned by a businessman independent of the concessionaire, who will be the grantor. Unlike the lease contract that has as its object the use and enjoyment of a specific property, it should be noted that we are talking about here seeking the exploitation of an undetermined space within the property and not the property considered individually. In other words, in the concession contract the place where the concessionaire will carry out its activity and exploit its brand or product will not be determined and may vary if so desired, which would be impossible in the leasing contracts.
- WHAT REGIME APPLIES TO YOU?
As the commercial space concession contract is an atypical contract, that is, it is not regulated by law, the answer must be that it is not subject to any regime, other than that established by the parties within their free capacity to consent to the contract, different from the lease contract that will be governed mainly by what the law provides for such contracts. In other words, the duties and obligations of the concession contract will be explicitly those agreed by the parties, while the leasing contract has a pre-established legal framework. Thus, the merchant who enters into a commercial space concession contract must take into account first of all that it is not equivalent to the lease contract, so within his contract he must incorporate the rights and rights in the greatest possible detail. obligations, as well as the terms and conditions that you intend to enforce on your contract, to which you cannot by legal mandate apply the rules established in the lease contracts, but which, it is worth clarifying, nothing prevents the same parties from being able to do so. incorporate into the contractual document that they enter into, that is, the legal regime of the lease may be part of the commercial space concession contract only if the parties so wish, but may not be required if they are not stipulated in the contract.