From the provisions of Articles 574, 612(1) and 1710 of the Civil Code, it follows that the lease agreement is hereditary and, consequently, in the event of the lessor’s death, his heirs, whether by will or intestate, enter into the lease agreement as soon as they accept the inheritance (Civil Code 1846, 1847, 1850, 1940), without the need for prior registration of the declaration of acceptance, since this is an acquisition of a contractual relationship and not of ownership.
In the above case and in the case of an action for rent due, the statement of claim must necessarily contain all the information referred to in Articles 118 and 119 of the Code of Civil Procedure.
Furthermore, in addition to the above, the lawsuit must contain, in accordance with Articles 216 and 591(1) of the Code of Civil Procedure:
a clear statement of the facts on which the lawsuit is based in accordance with the law and which justify its bringing by the plaintiff against the defendant. Thus, it is necessary to state the conditions which, according to the law, give rise to the right in dispute (historical basis of the action), the legal standing of the parties, as well as the legal interest of the plaintiff,a precise description of the subject matter of the dispute, and a specific claim.
The absence or insufficient or unclear reference to any of the elements renders the action vague and constitutes a lack of preliminary proceedings, which is examined ex officio because it relates to public order. This vagueness cannot be remedied either by the pleadings or by the assessment of the evidence.
