Decreto et consensu amplissimi Facultatis Iuridicae Ordinis inclyta & celeberrima Basiliensium Academia, pro summo consequendo in Utroque Iure Gradu, Ad subsequentes ex tit. Codicis de Iure Emphyteutico Positiones

XXII.
As Emphyteusis is granted in various ways, so it also perishes in various ways: and that is either through fault, or without fault, for instance by the destruction of the thing, the extinction of the tenant's own lineage, or the end of the time for which it was granted.

XXIII.
Emphyteusis is extinguished due to fault if he has not abided by the agreements and covenants, if he has not paid the receipts of public functions, or if he has alienated his right or the Emphyteutic property contrary to the form prescribed by Law.

XXIV.
To the extent that even if he recovers it afterwards, he still loses his right; otherwise, if he had not yet handed it over. For then, with ownership not yet transferred, the offense can be purged by repentance.

XXV.
An Emphyteusis is also terminated by the non-payment of rent for three years in a civil context, or two years in an Ecclesiastical one.

XXVI.
This is so, however, if the owner has expressly declared his will, and the tenant has not excused his delay by timely payment, which the Canons allow; it is debated in civil law, and it is more likely that it is not admitted.

XXVII.
But if, before he declares his will, the owner receives the offered rent without protest, he is considered to have renounced his right of lapse.

XXVIII.
Likewise, if the owner does not receive the offered money, provided it is done at the due time, and the tenant deposits it as consigned, he does not have to fear lapse.

XXIX.
But what if the necessity of wars, or the incursions of enemies, should occur? Will he be bound to pay the rent? I affirm, with the common opinion of the doctors, that he is not bound.