When you drive into a multi-storey or underground car park, you
are likely to park in the first convenient space you find. If you
have a parking contract with the car park operator, that space is
known as an 'undesignated parking space'. The question is
how to qualify such a parking contract.
It is generally assumed that it is not a lease agreement, as
that requires that the right of use pertains to a clearly
demarcated property. A recent decision by the Dordrecht subdistrict court breaks with this
approach, however.
The case concerned a car park in which the Municipality of
Dordrecht granted the defendant a right to use 100 parking spaces
for a reasonable fee. No specific parking spaces were designated,
just a right to use 100 random spaces in the car park. The court
ruled that a specific (immovable) item or object as a property is
not a requirement for the existence of a lease. The subdistrict
court noted that the legislative history of tenancy law also does
not
