Subject of Dispute: Termination of Emphyteusis Agreement (Right to Use Agricultural Land) Due to Non-Payment by the User.
The court, in examining the case, was guided by the fact that emphyteusis is one of the most robust property rights after ownership, which is independent and separate from the agreement establishing it. The grounds for terminating emphyteusis are determined exclusively by law and are exhaustive. General grounds for contract termination, including those due to material breach, cannot be applied to terminate emphyteusis. The appropriate method of protecting the owner’s rights in case of non-payment is debt collection, not contract termination.
The court rejected the claim for termination of the emphyteusis agreement, as the plaintiffs had chosen an inappropriate method of protecting their violated right.
