Explanation of Article 450
The first paragraph of the article establishes the tenant's right to approach the court to request the full waiver of rent in a land lease contract for agriculture if the crops are destroyed before harvest due to force majeure, such as rain, hail, or insects that devastate the crops. This is because the tenant does not derive the benefit of the land merely by producing the crops, but rather by harvesting them, and the rent corresponds to the benefit of the land, not the production of the land. Therefore, if the tenant does not harvest the crops and they are destroyed, he has not received the benefit.
The second paragraph establishes the tenant's right to approach the court to request a reduction in rent if some of the crops are destroyed due to force majeure, resulting in a significant decrease in the land's yield. The consideration here is the decrease in the land's yield, not the decrease in the quantity of crops. The tenant may have planted part of the land with fruit or flowers and the other part with ordinary crops. In this case, the destruction of all the ordinary crops may not significantly decrease the land's yield, whereas the destruction of half or a third of the fruit or flowers may cause a significant decrease in the land's yield.
The third paragraph provides an exception to the previous two paragraphs by establishing that the tenant is not entitled to request a waiver or reduction of rent as long as he can obtain compensation for the damage caused by the destruction of the crops from any source, such as insurance companies or governmental entities. The tenant's right is not waived unless the compensation fully covers the damage incurred. If the compensation is minimal and does not cover the damage, the tenant retains the right to request a reduction in rent to the extent that compensates for the damage incurred.
Related To
Article 450
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If all the crops are destroyed prior to harvest due to force majeure, the lessee may request a waiver of the rent.
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If part of the crops are destroyed due to force majeure, and such destruction results in a substantial decrease in the yields of the land, the lessee may request a reduction of the rent.
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The lessee may not request a waiver or reduction of the rent if he is compensated for the harm he sustains.