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Abstract

Direct lawsuit filed from the Landlord (Original renter) against the subtenant contains a departure from the general rules of civil law on both the principle of equality before the law of ordinary creditors about their general liability and the principle of the ratio of contract consequences. This departure is justified on the basis of justice since direct lawsuit is an easy way for the renter to get the rent dues.

Scholars had various disputes and point of views on the nature of this lawsuit due to their desire to relate it to one of the known legal systems under civil law. In spite of that, the researcher supports that this stands as a genuine legal system having its own identity and independence which makes it difficult to be related to a specific legal system of the known ones. Accordingly, the legislator has taken into consideration the original renter in the case of sublease by enabling him/her to gain the entire outcome of the direct lawsuit against the original tenant, giving him/her priority on all creditors of the original tenant.

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