Colombian Commercial Code - Decree 410 of 1971 - Book III - Of Commercial Property - Title I - Business Establishment - Chapter I - Establishment Trade and Legal Protection - From: Section 515 By: Art 524

COLOMBIAN COMMERCIAL CODE

THIRD BOOK

MERCHANTABILITY OF THE GOODS

TITLE I

ESTABLISHMENT OF COMMERCE

CHAPTER I

Commercial establishments and legal protection

Article 515 .- Means establishing a set of goods trade organized by the employer for the purposes of the company. A person may have several commercial establishments, and, in turn, a single commercial establishment, may belong to several people, and devoted to development of various commercial activities.

Article 516 .- Unless otherwise specified, are considered to form part of a commercial establishment:

1. Teaching or business name and marks of products and services;

2. The employer's rights in inventions or industrial or artistic creations that are used in the establishment's activities;

3. Goods in storage or in process, loans and other similar securities;

4. The furniture and fittings;

5. Leases and, if the disposal, the right to lease the premises in which work if the employer's property, and claims that, by law, have the tenant;

6. The right to prevent the diversion of customers and the protection of commercial fame, and

7. Commercial rights and obligations arising from the activities of the establishment, provided they do not come from contracts concluded exclusively considered the owner of that establishment.

Article 517 .- Whenever there proceeding to the forced alienation of a commercial establishment will be preferred to make block or in their state of economic unity. If it can not be in such form, the sale shall be separated from its various elements.

The same shall apply in case of liquidations of companies owning commercial establishments and establishments that partition several persons are joint owners.

Article 518 .- The entrepreneur who has held title to lease at least two consecutive years, a property with a single commercial establishment shall be entitled to renew the contract's expiration date, except in the following cases:

1. When the tenant has breached the contract;

2. When the owner needs the property for your own room or an establishment for a company their substantially different from that considers the tenant, and

3. When the building should be rebuilt or repaired with necessary work that can not run without the delivery or unemployment, or demolished by the state of ruin or to build a new work.

Article 519 .- Disputes arising between the parties at the time of renewal of the lease shall be decided by the oral proceedings, involving experts.

Article 520 .- In the cases mentioned in clauses 2nd. and 3. Article 518, the landlord evict the tenant no less than six months prior to the date of termination, failing which it considers renewed or extended under the same conditions and for the same period of the initial contract. Excepted from the provisions of this Article where the property is occupied or demolished by order of competent authority.

Article 521 .- The tenant is entitled to be preferred, being equal to any other person for the premises repaired, rebuilt or new building, with no obligation to pay premiums or value other than the rental fee, which determined by experts in case of disagreement.

Paragraph .- For purposes of this Article, the owner must inform the dealer at least sixty days before the date on which can deliver the premises, and this should give notice to that with no less than thirty days prior to that date, whether or not to exercise preemptive rights to the lease.

If the locals rebuilt or new construction are fewer in number than the previous oldest tenants exercising the preemptive right to exclude others in order of seniority.

Article 522 .- If the owner does not give locals the destination specified or does not start the works within three months from the date of delivery, the lessee shall indemnify the damages caused, according to estimates of experts. Just compensation shall pay you in those cases the premises leased, or used for commercial establishments in the development activities similar to those that had the Lessee.

In estimating the damages shall include, in addition to the profits raised by the merchant, the necessary costs for the new facility, compensation for workers laid off during the closure or transfer of establishment and current value of the improvements and useful he has made on the premises supplied.

The building will be especially relevant subject to the payment of compensation, and the corresponding demand must be registered as to prevent the provisions relating to the domain of real estate.

Article 523 .- The lessee shall not, without the express or tacit authorization of the landlord, sublet the premises or property wholly or give in a way that infringes the rights of the lessor, a destination other than that provided in the contract.

The tenant may sublet half the property, with the same limitation.

The assignment of the contract will be valid when the landlord or authorized by the result of the disposal of the respective business establishment.

Article 524 .- Against the rules laid down in Articles 518th 523, inclusive, of this Chapter shall not affect any stipulation of the parties.