Having found that the exemption from the

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

The situation

Having found that the exemption from the condition of personal operation during the period provided for by Article L. 144-3 of the Commercial Code had been granted to a company, which had relied on the state of health of its manager for "this business lease", and having noted that this exemption, which had thus been given in consideration of factual elements rendering personal operation of the business impossible at that time, was not definitive, so that it was for the company to renew its request before the conclusion of each business lease agreement, a Court of Appeal was entitled to deduce that, in the absence of an exemption obtained for the current contract, that contract was void.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory deadlines for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive legal advice always costs less than litigation

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