Cap. 16 Art. 1610When right of preference competent to occupier of upper part of building ceases.

The right of preference granted under paragraph (b) of article 1594 to the possessor or occupier of the upper part of a building in respect of the new lease of the lower part of the same building shall not be competent -

(a) if the possessor or occupier of the upper part does not make use thereof for his own habitation or that of his family;

(b) if the new lease of the lower part is claimed by the lessee himself who enjoyed the last preceding lease, in virtue of the right of preference granted under paragraph (a) of article 1594.