Commercial Cassation JudgmentOctober 7th, 2025

Commercial Appeal - Lease Contract Duration and Annual Municipality Attestation - Federal Supreme Court Judgment No. 663/2025

The Federal Supreme Court

Judgment summary

The Federal Supreme Court examined a commercial lease dispute concerning land leased for fish farming with an agreed term of five years. The appellate court had affirmed an eviction order based on a one-year municipal attestation, considering the lease expired. The Supreme Court overturned the appellate judgment, ruling that the annual municipal attestation is a formal administrative procedure that does not override the true mutual intent of the parties to contract for five years, especially given the extensive preparatory nature and investment required for aquaculture activities and the lessee's partial payment of the second year's rent.

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