Bail commercial
Leave with an offer to renew the lease: case of opening to a right to eviction compensation
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A leave of absence with an offer to renew the lease with clauses and conditions different from the expired lease, excluding the price, must be analyzed as a leave of absence with refusal of renewal giving right to eviction compensation. (Civ. 3rd, Jan. 11, 2024, n° 22-20.872, FS-B)
Precarious occupation agreement: exclusion of the qualification of lease and of an obligation to deliver
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A precarious occupation agreement not being a lease, the precarious occupant cannot rely on the provisions of article 1719 of the civil code placing on the lessor an obligation to deliver the rented premises, but must establish a failure by its co-contractor to fulfill its contractual obligations. Therefore, the judgment must be censored, which, to order an owner to compensate the occupant for damages resulting from a disaster in premises subject to a precarious occupation agreement, holds that even if its cause remains undetermined, a failure of the owner to fulfill his obligation to deliver is characterized. (Civ. 3rd, Jan. 11, 2024, n° 22-16.974, FS-B)
Consumption
Examination of unfair clauses during civil enforcement proceedings: practical applications
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The Paris judicial court has rendered two decisions applying the position of the Court of Justice of the European Union regarding the control of unfair terms at the stage of civil enforcement proceedings.
– In case RG no. 23/00185, the court’s enforcement judge service considered a term forfeiture clause to be unfair. He has then…
2024-01-17 23:24:20
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