Supreme Court allows backdated rent increase claim under Civil Code Art. 907 § 2 if circumstances changed within three years.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal and upheld the lower court's judgment awarding a supplementary pension increase. The plaintiff, a former employee, sought payment for a hypothetical 35th-anniversary bonus that would have been due had he remained employed, arguing this change in circumstances justified a rent adjustment under Civil Code Art. 907 § 2. The court ruled that since the qualifying change occurred in May 2009, the claim became enforceable then and the three-year limitation period had not yet expired when the lawsuit was filed in October 2009.
Legislator headnote
AI generatedArt. 907 § 2 k.c.; Art. 120 § 1 k.c.: A claim for a specific installment of supplementary rent based on a change in circumstances (such as the expiration of a service period) is enforceable from the date the change occurs, provided the action is brought within the applicable limitation period.