| Civil Code Article 840June 19, 2019 |
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Where the work of the superficiary is a building and the superficies is extinguished due to expiration, the superficiary is entitled to fix a period more than a month before the expiration, and request the landowner to compensate him according to the current market price of such building. However if it is otherwise provided by the agreement of contract, such agreement shall be followed. "The landowner refuses the request for compensation as specified in the preceding paragraph or does not respond within the period fixed, the duration of superficies shall consider to be extended. If the superficiary refuses to extend, he is not entitled to request for compensation as specified in the preceding paragraph. "If the current market price as specified in the first paragraph cannot be agreed upon, the superficiary or the landowner may apply to a court to determine it. The provision of the preceding paragraph shall be applied if the landowner refuses to compensate according to the current market price decided. "Extending the duration according to the second paragraph, the duration shall be determined by agreement between the landowner and superficiary. If such an agreement cannot be reached, they can apply to a court for a judgment to determine it by taking the interest of using the building and the land into consideration. "The provisions of the first and the second paragraph shall not apply after the expiration as specified in the preceding paragraph, expect there is an agreement between the land owner and the superficiary. |
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