Explanation of Article 445
When Article (444) decided the invalidity of leasing land for agriculture as an immediate lease if it was occupied with crops belonging to someone other than the lessee and the harvest had not yet been completed and was planted rightfully, this article came to establish the validity of leasing land occupied with crops as a lease deferred to a time when the land would be free of crops. For instance, if the land was occupied with crops belonging to someone other than the lessee and was planted rightfully, and the harvest time would occur three months after the contract; then the contract is valid in this case. The provisions of the obligation deferred to a term specified in Article (204) apply to the contract in this situation.
Related To
Article 445
A land occupied with crops may be leased, provided that the term of the lease commences upon the land becoming vacant.