period, with a due proportional reduction
in the remuneration stipulated;
(b) where publication of a future work has
been agreed without the contract
specifying a time limit for handing the
work over to the publisher, the latter shall
have the right to request the legal
authorities to set a time limit for this
purpose. The time limit set in the contract
may be legally extended by a judge at the
author’s request, on the condition that
valid grounds exist for such an extension;
(c) where the work the subject of the contract
is to be written in tandem with publication
in volumes or installments, the contract
shall specify approximately the number
and length of the volumes or installments;
with regard to the length, a margin of 10%
shall be allowed, unless otherwise agreed.
Where the author exceeds the limits
mentioned without the prior consent of the
publisher, he shall not have any right to
additional payment and the publisher may
refuse to publish the additional volumes,
installments or pages. The author shall,
however, retain the right to cancel the
contract, compensating the publisher for
the expenditure incurred and the
anticipated profits. Where the work has
already been sold in part, compensation
shall be calculated on the basis of the sales
todate.
(d) where the author dies or is unable to
complete his work after having handed
over a substantial part thereof which could
be published separately, the publisher may
choose to cancel the contract or to deem it
to be fulfilled in respect of the part handed
over, paying the author or his heirs and
representatives proportional remuneration,
unless the author, his heirs or
representative express the desire that the
work should not be published incomplete.
Should the contract be cancelled at the
request of the author, his heirs or
representatives, the incomplete work may
not be published by a third party, on pain
of payment of compensation for loss and
damages.
Article 95
1. An author who has concluded contracts with
one or more publishers for the separate
publication of each of his works shall have the
power to conclude a contract for the
publication of a complete edition of his works.
The existence of such a contract shall not
authorize the publisher to publish works
contained therein separately and shall not
affect the author’s right to conclude contracts
for the separate publication of any of those
works.
2. However, any author who exercises any of
these rights must do so in such a way that the
benefits specifically guaranteed to the
publisher in the earlier contract are not
affected by the subsequent contract.
Article 96
1. Under penalty of being liable for damages, a
publisher who undertakes to publish
successive editions of a work shall publish
them uninterruptedly so that copies are always
available on the market. Cases of force
majeure may constitute an exception,
however, lack of financial resources to cover
the cost of the new publication or increases in
such costs shall not constitute cases of force
majeure.
2. Where, in the case of editions covered by the
contract, the author has substantially modified
the work by updating or adding to the
material contained therein, he shall have the
right to fair remuneration, to be paid by the
publisher.
Article 97
Stamps, engravings, plates and other similar materials
made especially for the published work shall be
deemed to be the property of the publisher, but the
author shall always have the right to acquire them by
paying the publisher for the costs of having them
made.
Article 98
Where a publishing contract relates to works not yet
created, the following principles shall apply:
(a) a contract which covers all of the author’s
future works shall be null and void if a
deadline is not set for their production.
Where��the time limit stipulated is greater
than ten years, the publishing contract
shall be limited only to those works
produced by the author within the tenyear
Article 99
1. Without the author’s consent, the publisher
may not yield or transfer his rights under the
publishing contract to third parties, either for
free or against payment, unless the transfer is
the result of the publisher transferring his
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