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Pajares y Asociados Abogados

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Effects and consequences of the state of alarm in leasing contracts

Publicado el 31/3/2020

Unless it is verbatim that extraordinary events are unpredictable after the signing do not affect its conditions, a modification -even the suspension- of the contractual income may be requested to compensate for the imbalance in the benefits of closing the business to the public.

For this, it must be made clear in writing, and be protected in good faith, fairness and proportionality.

From the Office we recommend negotiating the situation in a friendly and temporary way, while the effects of the alarm state last.

As for the lessor owner, he may demand the patrimonial responsibility of the Administration to obtain compensation for damages in accordance with article 3.2. CC 4/1981 of June 1.

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