If the contract has been terminated on the ground that a person referred to in Article 296, Section 1 (b), wishes to personally take the let into permanent use, and the tenant has consented to the termination of the contract or the claim for termination of the contract has been granted on that ground or on the ground referred to in Article 296, Section 3, the landlord shall be liable to the tenant and the person who has authorized to sublet, for compensation if the will to personally take the let into permanent use was not in fact present.
Barring evidence to the contrary, such will shall be deemed not to have been present if the leased property has not been taken into permanent use by a person referred to in Article 296 paragraph 1 under b within one year after the end of the contract.
The court, in a decision granting a claim for termination based on the will of one of the persons referred to in Article 296, paragraph 1 under b, may, at the request of the tenant or of its own motion, determine an amount to be paid by the landlord to the tenant or the person who has been authorized to sublet, if it should later turn out that such will was not in fact present, without prejudice to the tenant's right to further damages.
The claim of the tenant or subtenant for damages or payment of the amount referred to in paragraph 3 shall expire five years after the end of the lease.
Regulations based on this article (delegated regulations)
No
Policies and circulars that have this article as legal authority
No
Articles or similar text referring to this article
Civil Code Book 7
article: 300, 301
(12-05-2021)
|
Effective date |
Retroactivity |
Subject |
Signature |
Announcement |
Chamber documents |
Signature |
Announcement |
Note |
|
modification |
2004 |
2004 |
||||||
|
new |
2002 |
2003 |
||||||