Civil Code Article 835-1June 19, 2019 |
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If the rise or fall in land value after the creation of a superficies makes the original rental arising therefrom obviously unfair, the party may file a claim with the court to increase or reduce the rental. "If the superficies has no rental and the burden unexpectedly increased after the creation of the superficies make it obviously unfair to use the land for free, the landowner may file a claim with the court to fix the rental. |
Civil Code Article 835June 19, 2019 |
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If the superficies has a fixed duration and an agreed-upon rental, the superficiary may waive his/her rights after having paid the rental for the next three years. "If the superficies has an indefinite duration and an agreed-upon rental, and the superficiary may waive his/her rights, by either notifying the landowner one year before the waiver, or paying one-year rental. "If the land cannot satisfy the original purpose of use for reasons not imputable to the superficiary, the superficiary may waive his/her rights after paying half of the rental as specified in the preceding two paragraphs. If the land cannot satisfy the original purpose of use for reason imputable to the landowner, the superficiary may waive his/her rights and therefore be exempted from paying the rental. Details > |
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