Background

The claimants brought a claim against the defendants before the Court of First Instance asking the court to oblige money owed under a rent contract to be paid and a rented building to be vacated. The claimants argument was based on that fact that the defendants had defaulted on their rent under a tenancy contract.

Decision

The Court of First instance ruled in favour of the claimants and obliged the defendants to perform their fiscal obligations under the contract and vacate the building. There was an appeal based on the avoidance clause (determination clause). Therefore, the court ruled in favour of the appellees and refused the claim. The appellant appealed by cassation. The appellants had argued that the basis of their claim was the avoidance clause and when the avoidance clause came into force. The Court accepted this argument and allowed the appeal.