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LAW OF OBLIGATIONS

201

“requirement, re-construction and development” and under article 351

which is titled “requirement of the new owner”. On the other hand, the

reasons originating from a lessee are regulated under article 352 of the

TCO. Pursuant to this article, provided that some other conditions are

also met, (i) an evacuation commitment, (ii) two justified notices and

(iii) lessee or his or her spouse having another residence within the

same municipal borders suitable for habitation are accepted as reasons

originating from a lessee.

Article 352 of the TCO stipulates that the time period for filing a

legal action will be extended until the end of the lease period provided

that at the latest within the time period envisaged for filing a legal action

the lessor sends to the lessee a notice of action in writing.

In article 354, it is stated that the conditions with respect to termination

of a lease agreement by taking legal action cannot be amended against the

lessee.

Article 355 envisages the “prohibition for leasing to another person”

as it is also stipulated in the Code numbered 6570. It is stated that in

case of breaching this prohibition, an amount not less than the one-year’s

rent paid within the previous lease period will be paid to the lessee. The

criminal sanction stipulated in Code numbered 6570 is not envisaged in

the TCO.

In article 356, the continuance of a lease agreement in case of the

death of the lessee is regulated.