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  • Interpretation
  • No.125
  • Date
  • 1968/10/30
  • Issue
    • Are Article 114 of the Land Act and Article 438 of the Civil Code governing the termination of a lease contract applicable to the termination of a farmland lease contract entered into under the Act Governing Reduction of Farm Rent to 37.5 Percent?
  • Holding
    •        The conditions for ending a cultivated land lease contract before its term has expired are regulated by Article 17 of the Act Governing Reduction of Farm Rent to 37.5 Percent. Provisions on ending a lease contract in Article 114 of the Land Act and Article 438 of the Civil Code should not be applied.
  • Reasoning
    •        Although there are respective provisions on ending a cultivated land lease contract in the Land Act and Civil Code, Article 17 of the Act Governing Reduction of Farm Rent to 37.5 Percent explicitly stipulates that before its term has expired no cultivated land lease contract may be ended without satisfaction of one of the listed requirements. By its wording, it is therefore obvious that a landowner may end a contract only when one of the conditions occurs. According to Article 1 of the Act, provisions on ending a lease contract in Article 114 of the Land Act and Article 438 of the Civil Code should not be applied. It should be pointed out that when a tenant violates the above provisions in the Land Act and Civil Code, a landowner has the right to apply for rehabilitation and compensation, or to claim the contract to be null and void according to Article 16, Paragraph 2, of the Act Governing Reduction of Farm Rent to 37.5 Percent.  
      
    • *Translated by Dr. F. T. Liao, Assistant Research Fellow, Institute of European and American Studies, Academia Sinica.
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