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TYPE OF THING HIRED AND MATTERS RELATING THERETO

SECTION I.

Matters relating to the hire of real property.

Article 522. A person may validly take a house or shop on hire without stating who is to live therein.

Article 523. If a person lets his house or shop on hire containing his goods or effects, the contract of hire is valid, but the person letting such house or shop on hire is bound to deliver the house or shop after taking out the goods or effects.

Article 524. If a person takes a piece of land on hire without stating what he will sow therein or without making a stipulation of a general nature to the effect that he may sow whatever he likes, the contract of hire is voidable. But if such matter is defined before cancellation, and the person giving the land on hire agrees thereto, such contract becomes a valid contract of hire.

Article 525. If a person takes a piece of land on hire with a right of sowing what he likes, he may cultivate such land more than once in a year with a view to winter and summer crops.

Article 526. If the period of the contract of hire expires before the crops are ripe, such crops may remain on the land until they are ripe, the person taking such land on hire paying an estimated rent.

Article 527. A person may validly conclude a contract of hire for a shop or house without stating the use to which it is to be put, which matter is settled according to custom.

Article 528. A person who takes a house on hire without stating the use to which it is to be put, may dwell in it himself or let some other person dwell therein, and may place his effects therein. He may perform any kind of work therein, provided it is not of such a nature as to weaken or damage the building. He may not perform any work of such a nature as to damage the building unless he receives the permission of the owner. Local custom is followed as regards the tethering of animals. The same stipulations are in force as regards shops.

Article 529. The person giving the thing on hire must put right anything likely to interfere with the benefits sought to be obtained from the thing hired.

Examples:-

(1) The owner must clean the water channel of a mill.

(2) Repairs and improvements to the house and water courses and pipes, the repair of things detrimental to habitation and other matters relating to the building must all be performed by the owner. If the owner refuses to do these, the person taking the house on hire may leave the same. If, however, such person was aware that the house was in that state when he took it on hire, he is considered to have agreed to the defect. He cannot later make this a pretext for leaving the house. If the person taking the house on hire does these things himself, such act is in the nature of a gift and he cannot claim the expenses incurred thereby from the person giving the house on hire.

 

Article 530. If the person taking property on hire does repairs with the consent of the person giving such property on hire, and such repairs are for the improvement of the property, such as changing the tiles of the roof, or preventing any harm being done thereto, the person taking the property on hire may call upon the person giving the property on hire to make good the expenses incurred by such repairs, even though no stipulation has been made to that effect. However, if such repairs are purely in the interest of the person taking the property on hire, such as repairing the oven of the house, the person taking the house on hire cannot claim the expenses from the person giving the house on hire, unless a stipulation has been made to that effect.

Article 531. If the person taking real property on hire erects buildings or plants trees thereon, the person giving such real property on hire has the option, on the expiration of the period of hire, either of having such building pulled down, or of having such trees uprooted, or of keeping them upon payment of the value thereof, whatever that may be.

Article 532. Dust, earth and sweepings which have accumulated during the period of the contract of hire must be cleaned and removed by the person taking the thing on hire.

Article 533. In the event of the person taking the thing on hire damaging such thing, the person giving such thing on hire, may, if he is unable to prevent such damage, apply to the Court for an order canceling the contract of hire.

SECTION II. Hire of merchandise.

Article 534. A valid contract of hire may be con-chided for a definite period and for a definite rent with regard to movable property such as clothing, weapons and tents.

Article 535. If a person takes clothing on hire to go to any particular place, and fails to go to such place and wears them in his house, or does not wear them at all, he must nevertheless pay the hire thereof.

Article 536. A person who takes clothes on hire to wear himself may not give such clothing to another person to wear.

Article 537. Jewelry is treated on the same basis as clothing.

SECTION III.

Hire of animals.

Article 538. A contract may validly be made to take a specific animal on hire and a valid contract may also be made with an owner of animals to be carried to a specific place. Article 539. If a specific animal is taken on hire to proceed to a certain place, and such animal becomes fatigued and stops on the way, the person taking such animal on hire has the option either of waiting till the animal gets better or of avoiding the contract of hire, in which case he is obliged to pay a portion of the fixed hire proportionate to the distance he has been carried.

Article 540. If a bargain has been struck to carry a certain load to a certain place and the animal becomes fatigued and stops on the way, the owner of the animal is bound to charge such load on to another animal and carry it to the place in question.

Article 541. A contract to take an unspecified animal on hire is of no effect. If such animal is specified after the conclusion of the contract, however, and the person taking such animal on hire agrees thereto, such contract is valid. But if it is customary to take an animal of no particular type on hire, such hire is valid, and is governed by such custom.

Example A horse is hired from a horse-owner to take a person as far as a particular place, in accordance with custom. The owner is obliged to transport that person to such place by horse in accordance with the particular custom.

Article 542. In a contract of hire it is not enough to designate the end of a journey by mentioning the name of a particular territory, such as a sanjak or vilayet. On the other hand, this may validly be done if by custom the name of such territory is applied to a town.

Example: A valid contract of hire cannot be concluded to take an animal on hire to go to Bosnia or Arabia. The name of the town, township or village to which such person is going must be mentioned. The word Sham, however, the name of a certain territory, is by custom applied to the town of Damascus, and therefore a valid contract may be concluded to hire an animal to go as far as Sham.

Article 543. If an animal is taken on hire to proceed to a certain place, and it so happens that there are two places of that name, an estimated sum by way of hire must be paid in respect to whichever place the person taking the animal on hire goes.

Example:- An animal is taken on hire to proceed from Constantinople to Chekmeje, and it is not specified as to whether the animal is to go to Greater or Lesser Chekmeje. An estimated sum by way of hire must be paid according to the distance to the place in question.

Article 544. If an animal is taken on hire to proceed to a certain town, the person taking such animal on hire must be taken to his house in such town.

Article 545. A person who takes an animal on hire to proceed to a specified place may not go beyond that place without the permission of the owner. If he does in fact go beyond such place, the person taking such animal on hire is responsible for handing over the animal safe and sound, and if such animal is destroyed either on the outward or return journey, he must make good the loss.

Article 546. If an animal is taken on hire to go to a specified place, the person taking such animal on hire cannot go with him to another place. If he does so and the animal is destroyed, he must make good the loss.

Example: If an animal is taken on hire to go to Tekfur Dagh but instead goes to Islimiyeh and the animal is destroyed, the loss must be made good.

Article 547. If an animal is taken on hire to go to a specified place, and there are several roads leading thereto, the person taking such animal on hire may proceed by whichever road he prefers which is commonly used by the public. If the owner of the animal prescribes the road which is to be taken, and the person taking such animal on hire proceeds by another road and the animal is destroyed, the loss must be made good if the road taken is more winding or difficult than that prescribed by the owner of the animal. But if it is of equal length or easier, the loss need not be made good.

Article 548. The person taking the animal on hire for a specified period may not use it for longer than that period. If he does so, and the animal is destroyed while in his possession, he must make good the loss.

Article 549. A valid contract may be made to take an animal on hire to be ridden by a specified person. A valid contract may also be made in general terms to take an animal on hire to be ridden by anyone.

Article 550. An animal which is taken on hire for riding may not be used as a draught animal. If it is so used and the animal is destroyed, the loss must be made good. In this case, however, no hire need be paid. (See Article 86).

Article 551. If an animal is hired to be ridden by a certain person, no other person may ride such animal. If he does so, and the animal is destroyed, the loss must be made good.

Article 552. A person who has taken an animal on hire in order that it may be ridden by any person he likes, may either ride such animal himself, or allow some other person to do so. But whether he rides it himself or allows some other person to ride it, once the particular person to ride such animal is known, no other person may ride it.

Article 553. If an animal is taken on hire for riding and it is not stated who is to ride it, nor laid down in general terms that any particular person who wishes may ride it, the contract of hire is voidable. But if this is made clear before the contract is cancelled, such contract becomes valid. In this case also, once a particular person has been named no other person may be allowed to ride the animal.

Article 554. If an animal is taken on hire as a draught animal, local custom is binding as regards the saddle, rope and sack.

Article 555. If the amount of the load is not stated or made clear by signs, the amount of such load is determined by custom when an animal is taken on hire.

Article 556. The person taking an animal on hire may not beat such animal without the owner’s permission. If he does so, and the animal is destroyed as a result thereof, he must make good the loss.

Article 557. If the owner gives his permission for an animal taken on hire to be beaten, the person taking the animal on hire may only beat such animal on a place where it is usual to do so. If he beats him on any other place, as for example, on the head, instead of the quarter, and the animal is destroyed as a result thereof, such loss must be made good. Article 558. An animal hired to carry loads may also be used for riding purposes.

Article 559. When an animal is taken on hire and the nature and quantity of the load is stated, a load of another nature equal to or lesser than such load may also be placed upon such animal. But no greater load may be placed thereon.

Examples:

(1) A takes a horse on hire to carry five kites of wheat. A may load five kites of his own wheat, or of anybody else’s wheat of whatsoever sort upon such horse. He may also load five kilés of barley. But he may not load five kites of wheat on an animal hired to carry five kites of barley.

(2) A hundred okes of iron may not be loaded upon an animal hired to carry a hundred okes of cotton.

Article 560. The owner of the animal taken on hire must unload such animal.

Article 561. The person giving the animal on hire is responsible for feeding such animal.

Example: The feeding and watering of an animal taken on hire fall upon the owner. If the person taking the animal on hire, however, feeds it without the permission of the owner, such feeding, is an involuntary gift and the value thereof cannot later be claimed from the owner.

SECTION IV.

Hire of personal services.

Article 562. A contract may validly be made for the hire of personal services or the performance of skilled labor for a specified period or in some other way, as by specifying the nature of the work, as is set forth in Section III of Chapter II.

Article 563. If a person works for some other person at the latter’s request without entering into any contract in regard to the wage to be paid, he is entitled to receive an estimated wage if he is of the class of persons who work for a wage. If he is not of such class, however, he is not entitled to receive anything.

Article 564. If a person requests some other person to do a certain piece of work for him and promises him something in return without mentioning the amount thereof, and such person does that work, he is entitled to an estimated wage.

Article 565. If a person employs workmen without fixing the amount of the wage to be paid, and if the daily wage of such workmen is known, they are entitled to receive the daily wage. If it is not known, they are entitled to an estimated wage.

The work performed by skilled workmen is also of this type.

Article 566. If a contract of hire is entered into with an employee whereby payment is to be made by giving a thing the like of which cannot be found in the market, and the nature of which has not been defined, an estimated wage must be paid.

Example:- A calls B and asks B to work for him for a certain number of days in return for which A promises to give B a pair of oxen. There is no need to give the pair of oxen, but an estimated wage must be paid. It is customary, however, when a wet nurse is taken on hire for clothes to be made for her. If the nature of the clothes has not been defined beforehand, they are to be of medium quality.

Article 567. Tips given to servants from outside cannot be included in wages.

Article 558. If a teacher is employed to teach any science or art and the period is defined, the contract of employment is concluded in respect to that particular period. Such person is entitled to his fee if he is ready and willing to teach, whether the pupil studies or not. If the period is not defined, the contract of hire is voidable. If the pupil studies under these circumstances, the teacher is entitled to his fee. If not, he is not entitled to his fee.

Article 569. If a person sends his son to a master to learn a trade and no agreement is made between the two as to the fee to be paid, and they both claim a fee after the boy has learnt the trade, the question is decided in accordance with local custom.

Article 570. If the inhabitants of a village hire the services of a khoja or an Imam or a muezzin, and such persons perform their duties, they are entitled to receive their wages from the inhabitants of that village.

Article 571. When a person has been employed to do work personally, he may not employ anyone to do the work in his place.

Example:- A contracts with B for B to sew him a cloak with his own hand for so many piastres. The tailor may not have it sewn by any other person. It must be sewn by B himself. If B has it sewn by any other person and it is destroyed, he must make good the loss.

Article 572. If an unconditional contract has been made, the employee may employ another person in his place.

Article 573. If the employer gives a definite order to the employee to do a certain piece of work, such order is unconditional.

Example:- A instructs a tailor to sew a cloak for so much money without binding him to do the work personally. After the conclusion of the contract, the tailor has the cloak sewn by his assistant or by another tailor. The tailor is entitled to the fixed price. If the cloak is destroyed without his fault, he may not be called upon to make good the loss.

Article 574. Matters connected with the work done are settled in accordance with local custom when there is no specific condition binding the person employed. Thus, custom has it that the thread shall be the tailor’s thread. Article 575. A porter must carry the load inside the house, but he is not bound to put it in position.

Example: – It is not the duty of the porter to take the load up to the top floor; nor to put grain into a barn.

Article 576. The employer is not bound to feed the employee unless local custom is to that effect.

Article 577. If a broker hawks property round but cannot sell it, and the owner sells it at some later date, the broker is not entitled to a fee, if another broker sells such property, such second broker takes the whole of the fee, and the first broker is not entitled to anything.

Article 578. If a person gives his property to a broker, instructing him to sell it for so many piastres, and such broker sells it for more than the stipulated sum, the owner of the property is entitled to the whole of such sum in excess, and the broker is not entitled to anything more than the brokerage fee.

Article 579. In the case of a sale, where the broker has received his fee and some person appears who is entitled to the thing sold and takes possession of the same, or if the thing sold is returned on account of some defect, the return of the brokerage fee cannot be claimed.

Article 580. If a person employs reapers to reap crops in his field for a certain sum of money, and after such reapers have reaped a portion thereof, the rest is destroyed by a fall of hail or by some other accident, the reapers are entitled to a share of the fixed wage proportionate to the quantity reaped, but not to the balance.

Article 581. If a wet nurse falls sick she is entitled to cancel the contract of employment. The employer may also cancel the contract of employment if she becomes sick or pregnant, or if the child refuses to take her breasts, or if it brings up the milk.