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Book 2 · Law of obligations  ›  Subtitle 5 · Farm lease › Section 596a

Duty to compensate for early termination of lease

(1) Where the lease terminates in the course of a lease year, the usufructuary lessor is to compensate the lessee for the value of any fruits not yet severed but to be severed prior to the end of the lease year under the rules of proper management. In so doing, the harvesting risks is to be given appropriate consideration.

(2) If the value referred to in subsection (1) cannot be determined for seasonal reasons, then the usufructuary lessor is to compensate the usufructuary lessee for expenses on these fruits to the extent that they correspond to proper management.

(3) Subsection (1) also applies to timber intended for felling but not yet felled. If the usufructuary lessee has felled more timber than allowed in the case of proper use, then they are to compensate the usufructuary lessor for the quantity of timber that exceeds normal use. Assertion of additional damage is not excluded.

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