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LAW OF OBLIGATIONS
271
Notification is required for the termination of a usufruct lease contract
concluded for an indefinite period. The parties may terminate the contract
in compliance with the notice period of at least six months, except
where the notice period has been otherwise agreed under the contract or
determined by local customs. Unless otherwise stipulated in a contract, a
termination notice may be served in spring and autumn for usufruct leases
on agricultural lands in accordance with the local customs. A termination
notice may be served at any time for other usufruct leases.
Extraordinary termination may be possible in the event of (i) a
material cause, (ii) bankruptcy of the lessee or (iii) death of the lessee.
Where performance of the contract becomes unconscionable for a
party for good cause, such party may terminate the lease in compliance
with the legally prescribed termination notice period. The judge shall
determine the financial consequences of an extraordinary termination
notice, taking into account all of the circumstances and conditions.
Where the lessee becomes bankrupt, the contract shall automatically
end on the commencement of bankruptcy proceedings. However, the lessor
is obliged to sustain the contract until the end of the lease year provided
that the lessee has furnished the necessary security for processing the rent
and for the goods documented under the inventory.
In the event of the death of the lessee, his heirs or the lessor may
terminate the contract provided that they complywith the legal termination
notice period of six months.
At the end of the lease, the lessee must return the object along with all
items listed in the record in the condition they are in currently.
The lessee is obliged to pay compensation due to a reduction in
value, which may have been prevented had the lessee better maintained
the leased object. However, the lessee may not claim compensation for
the increase in the value of the object resulting from a normal degree of
diligent maintenance.
Where items listed in the record were valued when the object was
originally handed over to the lessee, he must return a record of items of
the same type and estimated value or pay compensation for any reduction
in value. However, the lessee may be relieved from return or payment