THE HOMES FOR HOLIDAY USE FROM THE LAW 4/2013: THE REQUIRED JOINT INTERPRETATION OF THE LAU AND THE REGIONAL TOURISM LEGISLATION

Abstract

In our legal system, until the entry into force of Law 4/2013 of June 4, contracts dwelling for holiday use were received in the scope of the LAU under the figure of the leasing season. The new standard changes the article 5 LAU adding a new paragraph e) under which it excludes from the scope of the LAU «Temporary agency use of an entire furnished and equipped ready for immediate use, marketed or promoted in housing supply channels Desk and made for profit, when subjected to a specific system, derived from its industry regulations». The actual scope of the provision requires a joint performance with the tourism legislation across territories in order to determine the temporal assignment of tenancy use, not to find its way into the scope of tourism legislation of the CCAA, will be subject to the legal regime of the LAU and what that, by entailing the exercise of tourism and tourist qualify as assignment, shall be subject to the legal regime of the regional tourism laws and excluded from the scope of tenancy legislation. Similarly, it is necessary to verify that acquires significance fact promote or market a home in tourism channels as sufficient to convert a seasonal lease for holiday use in tourist lease contract requirement.