The 'commercial property' of the

This decision sheds important light on your property law. Here is what it changes for you.

The context

The 'commercial property' of the tenant under a commercial lease, protected by Article 1 of the First Additional Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, means the right to renewal of the commercial lease provided for in Articles L. 145-8 to L. 145-30 of the Commercial Code. The automatic enforcement of a forfeiture clause agreed between the parties does not fall within the scope of this provision.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly observe the statutory time limits for lodging an appeal
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

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