Commercial Leases/Business Goodwill
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Title 1: Formation of the lease agreement
Title 2: Performance of the lease agreement
Title 3: Change of use
Title 4: End of lease
Section 1: Definition
Section 2: Right to assign the lease
I: Formal requirements
III: Right of first refusal of municipalities
IV: Assignment in the event of refusal to renew
V: Assignment in the event of restructuring
VI: Assignment in the event of retirement
VII: Irregular assignment
Section 4: Effects
Chapter 2: Subletting
Title 6: Procedure
Part 2: Business goodwill
307. Essential conditions
1 minute de lecture
Under the terms of Article 1216 of the Civil Code, the assignment of the right to a commercial lease must be recorded in writing, failing which it will be null and void. If the lease assignment contract must have lawful and certain content, the consent of the parties, who have the capacity to contract, is necessary (Article 1128 Civil Code) and must not be vitiated by error, fraud, or duress (Arti …