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The Plenary Chamber of the Constitutional Court determined, according to La FM, that the measure adopted by President Iván Duque, which gave them authorization to the tenants of commercial premises to terminate unilaterally and in advance (until August 31) the lease contracts Due to the economic effects of the coronavirus crisis, it is unconstitutional.
The high court stressed that the document is illegal, according to the media, taking into account that it violated the autonomy of will and contractual freedom; However, He emphasized that although the decree was dropped, it has no retroactive effect, this means that “the contracts terminated as a result of this, terminated remain.
Who did the document benefit?
This measure was adopted to give relief to establishments such as bars, discos, billiards, casinos, gyms, swimming pools, spas, amusement parks, cinemas and theaters, seriously affected by account of the quarantine and the closures decreed to prevent the spread of the coronavirus.
As a direct consequence of the unilateral termination of the commercial premises lease, as indicated in the decree that overthrew the Court, the tenant was obliged to pay the value corresponding to one third of the penal clause (fine) agreed in the contract, without any other penalty, fine or sanction as compensation.
“In the absence of a criminal clause in the contract, the tenant will be obliged to pay the value corresponding to a rental fee,” added the document, which the head of state has not referred to.
In order to terminate the contracts in advance, the tenants had to be up-to-date on the rental fees, as well as public services and other obligations caused to the completion date.
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