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Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 223/2019 (Failure to Issue Government Permits as a Breach of Usufruct Agreement)

The Supreme Court held that the refusal of a government entity to issue a permit or a licence is not a breach of a usufruct agreement signed with the government, even if such agreement includes a provision requiring the government to provide assistance and support in obtaining such permits or licences.


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Intel

Case Summary: Supreme Court (Commercial Circuit B) Contestation 204/2019 (Invalidity of Arbitration Clause in Insurance Policy)

In line with article 58(4) of the Insurance Companies Law, the Supreme Court held that an arbitration clause is invalid if it is contained within the general terms of an insurance policy and not in a standalone agreement that is separate from such general terms.


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Intel

Case Summary: Supreme Court (Rent Circuit) Contestation 169/2019 (Tenancy Agreement Special Commencement Date)

The Supreme Court ruled that a tenancy agreement commences on the date agreed between the parties for the commencement of the rent, and not the date of the actual tenancy agreement. In this case, the parties agreed that the tenancy agreement for a shop commences when the shopping mall officially opens, and because the shopping mall failed to open, the Supreme Court decided that the tenant owed no rent to the landlord and that the contract is rescinded.


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