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of compensation by proving the fault of the lessor or the presence of
force majeure. The lessee may request compensation for the expenses he
incurred which resulted in an increase in the value due to his efforts.
The lessee of an agricultural landmay not assert any right over the fruits
not yet harvested upon the termination of the lease contract. However, the
lessee may request as compensation the agriculture expenses he incurred
for the growing of the product, which will be determined by the judge,
and this compensation shall be reduced from the processed rents.
The lessee returning the leased object must leave enough stock as
required by a regular enterprise in the leased object. The lessee may
request compensation for the excess stock left, if he leaves more than
he originally obtained; if he leaves less than he originally obtained, he is
obliged to replace what is lacking or compensate the reduction in value.
Conclusion
The Usufruct lease, which is regulated between Articles 357 and 378
of the TCO, is defined as a contract whereby the lessor undertakes to
grant the lessee the right of use of a productive object and the benefit of
its fruits or proceeds in exchange for rent.
Unless there is a special provision, general provisions on lease
contracts shall be applicable to the usufruct lease.
The lessor is under the obligation to deliver the leased object in a
condition fit for its designated purpose, appropriate for operation and
make major repairs. Moreover, the lessee, along with the obligation to
pay the rent and the accessory charges, is obliged to use, operate and
maintain the leased object.
The conditions which may bring an end to the usufruct lease contract
are the (i) expiry of time, (ii) notice of termination and (iii) extraordinary
termination.