{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil:2015:article:1252","workId":"law:eri:code:civil:2015","expressionId":"law:eri:code:civil:2015:en","title":"Modification or Cancellation by Court","number":"1252","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1252/","hierarchy":{"book":"BOOK IV - PROPERTY","title":"TITLE V - USUFRUCT AND OTHER RIGHTS IN REM","chapter":"Chapter 2. - Servitudes","section":null,"paragraph":null},"paragraphs":[{"id":"lead","number":"","text":"Upon the demand of the holder of the right of use of the servient tenement, the competent Court may modify or cancel a servitude:","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1252/#lead","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":347,"url":"https://eriatlas.com/sources/civil-code-2015/page/347/?article=1252&paragraph=lead#article-1252-lead"}]},{"id":"pa","number":"a","text":"on the ground of unforeseen circumstances which are of such a nature that, according to criteria of reasonableness and equity, one cannot require from the holder of the right of use of the servient tenement that the servitude remain unchanged; or","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1252/#pa","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":347,"url":"https://eriatlas.com/sources/civil-code-2015/page/347/?article=1252&paragraph=pa#article-1252-pa"}]},{"id":"pb","number":"b","text":"if at least twenty years have passed since the time of creation of the servitude, and it is contrary to the general interest that the servitude remain unchanged.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1252/#pb","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":347,"url":"https://eriatlas.com/sources/civil-code-2015/page/347/?article=1252&paragraph=pb#article-1252-pb"}]}],"caution":"This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur."}