Perpetuity of the emphyteusis – Remission of fee

Article 1654 – Perpetuity of the emphyteusis – Remission of fee The contract of emphyteusis is perpetual in nature. Contracts entered into under the name and form of emphyteusis but stipulated for a limited time shall be treated as ordinary leases and as such regulated by the respective legislation. § 1 - The holder of an emphyteusis or sub emphyteusis of more than 20 years duration may remit the liability on the following basis: (a) The price of remission is of 20 years’ annual fee plus any dues, the property being for this purpose valued by deducting the value of the “foro”; (b) If the fee consists in kind the value of this shall be calculated by the average of the prices prevailing in the village, where the fee is to be paid, in the last three agricultural years, in the absence of agreement this price being fixed by the Judge in appropriate proceedings; (c) If the deposit is found insufficient, the depositor may either give up the remission or complete the deposit; (d) If there is no objection or if the objection is found not legally sustainable, the liability shall be considered as remitted from the date of deposit. § 2 - When a sub holder of emphyteusis desires to remit the liability he will have to institute appropriate proceedings both against the holder of emphyteusis as well as the absolute owner of the property; the absolute owner shall receive the amount of the fee or foro alongwith the due which the holder is bound to pay to him and the balance of the emphyteutic fee (foro) not payable to the absolute owner shall be paid to the holder of the emphyteusis. § 3 - The provisions of the preceding paragraphs are also applicable to censorial pensions.