|Civil Code Article 836-3June 19, 2019|
When the superficiary violates the provision of the first paragraph of the preceding article, the landowner is entitled to terminate the superficies if the superficiary ignores his inhibition. If a mortgage is created on the superficies, the mortgagee shall also be informed about such inhibition.
|Civil Code Article 836June 19, 2019|
Where the superficiary has delayed the payment of the rental which has accumulated to the amount equivalent to the total rental for two years, the landowner is entitled to fix a reasonable time and notified the superficiary to pay the rental, if the superficiary does not pay within the fixed period, the landowner is entitled to terminate the superficies, unless otherwise provided by the custom. If a mortgage is created on the superficies, the mortgagee shall also be informed about such notice. "If the agreement of rental has been registered, when the superficies is transferred, the rental owed by the former superficiary shall also be taken into consideration. The transferee is jointly and severally liable with the transferor for the rental owed by the former superficiary. "The termination as specified in the first paragraph shall be made by an expression of intent to the superficiary.
|Civil Code Article 836-1June 19, 2019|
When the ownership of the land is transferred, the rental paid in advance shall not be effective against a third party unless it has been registered.
|Civil Code Article 836-2June 19, 2019|
The superficiary shall use the land and acquire profits therefrom according to the purpose of creating such superficies and the agreed method of use. If the method of use has not been agreed upon, the nature of the land shall be followed. However, the sustainable use for the land shall be maintained in following either one. "The agreed method of use as specified in the preceding paragraph shall not be effective against a third party unless it has been registered.
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Provided by Kingdoms Law