Correctly applies the

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

The situation

Correctly applies the provisions of Article L. 442-6, I, 5° of the Commercial Code where a court of appeal holds that the mere circumstance that a company, tenant-manager and then purchaser of a business, entered into commercial relations during the period of the business lease with a former partner of the transferor, before terminating them shortly after the acquisition of the business, does not permit the view that that company intended to continue the commercial relationship initially established between the transferor and that partner, and concludes that the notice period to which that partner is entitled need not be determined by reference to the commercial relationship that it had previously established with the transferor.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

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