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
Section 3: Implementation of the transfer
A: Joint and several guarantee clause
B: Rights and obligations of the assignee
II: Fate of guarantees
Chapter 2: Subletting
Title 6: Procedure
Part 2: Business goodwill
321. Assignor's warranty obligation
1 minute de lecture
In accordance with Article 1693 of the Civil Code, which requires the assignor of an incorporeal right to guarantee its existence, the assignor is responsible for the existence of the lease contract with respect to the assignee, even if the transfer is made without a warranty.
Like any seller, the assignor of the leasehold right must guarantee the assignee against eviction and hidden defects. Thus …
