Tenant Exclusive Use Covenant Breach

A dispute arose concerning the validity of a stipulation in a lease agreement that granted the tenant an exclusive right to operate a specific type of business on the premises, which the landlord subsequently sought to prevent by authorizing a competitor to open a similar establishment nearby. The Court of Cassation rejected the landlord's appeal, affirming that the clause granting the tenant an exclusive right constituted a contractual obligation binding on the landlord, and that violating this commitment by permitting a competing business constituted a breach of contract, justifying the enforcement of remedies in favor of the prejudiced tenant.