land except if its value is considerably greater than the building etc., in which case BP shall pay reasonable rent, and oblige S to pay proper rent (ART. 448) Good Faith 1. Acquire improvements w/o paying (ART. 449); OR 2. Order demolition or removal of the improvements (ART. 450); OR 3. Compel BP to pay price of the land, regardless of its value, or S to pay proper rent. *In all case, collect damages (ART. 451) AND reimburse BPS for preserving the land (ART. 452) Bad faith Indemnify BPS for improvements AND pay damages (ART. 454; ART 447 by analogy)
B has the right to retain until paid
and cannot be required to pay rent; OR 2. BP pay price of the land (or pay reasonable rent) and S pay proper rent. Bad faith 1. Lose improvements w/o being indemnified; OR 2. Remove the improvements; OR 3. BP pay the price of the land S pay proper rent. * In all cases, pay damages AND recover reimbursement for preservation of the land.
Good Faith 1. Receive indemnity for improvements AND receive damages; OR 2. Remove them in any event AND receive damages. Bad faith Bad faith As though both acted in good faith (in pari delicto) (ART. 453)