Page:The Civil code of Japan (IA cu31924069576704).pdf/91

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274.

Even though the emphyteuta suffers a loss of profits by vis major, he has no claim for the remission or reduction of his rent.

275.

If the emphyteuta because of vis major receives no profits at all for three consecutive years or more, or for five consecutive years or more receives only a profit which is less than his rent, he may surrender his right.

276.

If the emphyteuta fails to pay his rent for two consecutive years or is adjudged bankrupt, the landlord may claim the extinguishment of the emphyteusis.

277.

If there is any custom different from the provisions of the preceding six articles, such custom is to govern.

278.

The duration of an emphyteusis is from twenty to fifty years. If it is created for a longer period than fifty years, it is reduced to fifty years.

An emphyteusis may be renewed, but not for more than fifty years from the time of renewal.

If the period of duration has not been fixed in the act of creation, it is, except so far as there is a different special custom, to be thirty years.

279.

The provisions of Art. 269 apply correspondingly to an emphyteusis.

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