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=S=> BGB 591. 1 The usufructuary lessor must reimburse the usufructuary lessee on the termination of the lease for outlays that are not necessary outlays for which he has given his approval , to the extent that the outlays increase the value of the leased property beyond the lease period ( added value ) .
=S=> BGB 591. 2 If the usufructuary lessor refuses to approve the outlays , then substitute approval may be given by the Agricultural Court [ Landwirtschaftsgericht ] upon application by the usufructuary lessee to the extent that the outlays appear to be appropriate for the maintenance or permanent improvement of the profitability of the business and the usufructuary lessor can reasonably be expected to accept them when his justified interests are taken into account . This does not apply if the lease has been terminated or the lease ends in less than three years . The Agricultural Court [ Landwirtschaftsgericht ] may give substitute approval subject to stipulations and conditions .
=S=> BGB 591. 3 The Agricultural Court [ Landwirtschaftsgericht ] may upon application decide on provisions relating to the added value and may assess the latter . It may determine that the usufructuary lessor need only reimburse the added value in instalments and may impose conditions for granting such instalments . If the usufructuary lessor cannot reasonably be expected to accept reimbursement of the added value upon the termination of the lease , even in instalments , then the lessee may only demand that the lease is continued on the previous conditions until the added value of the leased property has been paid for . If no agreement can be reached , then the Agricultural Court [ Landwirtschaftsgericht ] decides upon application as to the continuation of the lease .
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