Reference decision: cc • No. 49-39.537 • 1949-02-08 • View the decision →
This decision provides important insight into your real estate law. Here is what it changes for you.
The situation
Legislation on the renewal of commercial leases has not made the right it creates in favour of tenants, assignees or successors in title conditional on personally operating the business. In particular, the holder of a commercial lease does not infringe a clause prohibiting assignment or subletting by granting a management lease of his business, as this arrangement constitutes not a sublease of the commercial premises but a lease of the business.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly observe the statutory time limits for appeals
- Keep all your supporting documents (deeds, contracts, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: a 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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