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Book 2 · Law of obligations  ›  Subtitle 4 · Usufructuary lease › Section 582a

Assumption of inventory at its estimated value

(1) If the usufructuary lessee of a plot of land assumes the inventory at its estimated value with the duty of returning it at its estimated value upon termination of the lease, then they will bear the risk of accidental loss and chance deterioration of such inventory. Within the bounds of proper management, the usufructuary lessee may dispose over the individual inventory items.

(2) The usufructuary lessee is to maintain the inventory in that condition and replace it to an extent that complies with the rules of proper management. The items purchased by the usufructuary lessee devolve into the ownership of the usufructuary lessor upon being incorporated into the inventory.

(3) Upon the termination of the usufructuary lease, the usufructuary lessee is to return the existing inventory to the usufructuary lessor. The usufructuary lessor may refuse to assume those of the inventory items purchased by the usufructuary lessee that are superfluous or too expensive for the plot of land under the rules of proper management; upon rejection, the ownership of the rejected items devolves to the usufructuary lessee. If there is a difference between the total estimated value of the inventory assumed and that to be returned, then this difference is to be compensated for in money. The estimated values are to be based on the prices valid at the time of termination of the usufructuary lease.

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