Surely you have wondered why jurists continue to use Latin terms to refer to expressions and everyday situations that occur in our daily lives.
“With things being this way,” or in other words, REBUS SIC STANTIBUS is a principle of law by which it is understood that the stipulations established in contracts take into account the concurrent circumstances at the time of their conclusion. In other words, any substantial alteration of these circumstances can lead to the modification of those stipulations.
Recently, the Provincial Court of Badajoz applied the rebus clause for the first time in a lease contract. Thanks to this application, the rent is reduced during the period when non-essential businesses were required to close.
It should be noted that this clause is used to affirm that a rule will be applicable as long as the circumstances for the situation for which it was issued are maintained.
In this judgment, it is clear that the tenant of the premises, after appealing the judgment of the Commercial Court, found that for the 79 days from March 14 to May 21 of the past year 2020, the rent was reduced by half.
Based on all of the above, it is clear that the Provincial Court has set a precedent in business lease matters, as this is the first time that this clause has been applied to lower the rent of the lease.
