In the presence of a clause releasing the

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Where a clause releases the lessor from all liability for competition that might be caused to the lessee by persons established in another commercial premises or in any other neighbouring building, the courts may, by a necessary interpretation of this ambiguous clause, decide that it does not preclude an implied warranty of non-competition for events subsequent to the conclusion of the lease, and hold the lessor liable for the commercial disturbance he caused by subsequently authorising another tenant to carry on a similar business in the building.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Scrupulously comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.