Of mice - and other disasters - and men: Rent abatement due to unforeseen and uncontrollable events in the civilian tradition

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Abstract

This article draws a comparison between the treatment of a specific aspect of the law of lease (the tenant's right to a proportional abatement of the amount of rent due, owing to the occurrence of unforeseen and uncontrollable events) in a codified civilian system and a mixed jurisdiction, partly founded on civil law. The methodological aim of the comparison is to examine the similarities in the treatment of this area of law in both systems owing to their Roman-law foundations, despite the different historical sources on which these systems are based.
Original languageEnglish
Pages (from-to)113-49
JournalTulane European and Civil Law Forum
Volume17
Issue number0
Publication statusPublished - 2002

Keywords

  • Remissio mercedis
  • urban rent abatement
  • agricultural rent abatement
  • Law of the Netherlands
  • Louisiana Civil Code

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