Article 1402: Right of habitation: living rent free

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 4736/2533 (1990)

   Allowing an employee to occupy a building rent-free as part of employment is not a right of habitation under section 1402; it is a personal permission not enforceable as a real right.

   The plaintiff allowed the defendants to occupy its shophouse without paying rent because Defendant 2 was the plaintiff's employee; the court held this was not a right of habitation within section 1402: it was a personal permission tied to the employment relationship: and it had not been made in writing and registered, so it did not perfect as a real right under section 1299.

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2. Arrêt de la Cour suprême n° 482/2506 (1963)

   A right of habitation covers only occupation of an existing building; use of bare land to build a house is outside section 1402.

   Section 1402 applies only to habitation of a building; allowing someone to build a house on land rent-free is not a right of habitation: it is a licensed use of land. Consequently, the notice rules for terminating a right of habitation under section 1403 do not apply.

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Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.