Commercial Leases/Business Goodwill

Pursuant to Article L. 145-31 of the Commercial Code, any sublease, whether total or partial, is prohibited unless it has been authorized by the lessor and the lessor has duly participated in the act . The renewed sublease constituting a new lease, the lessor must also authorize it and be called upon to participate in the renewal act (Art. L. 145-32, para. 1, Commercial Code) .

Cass. com. 20 December 1965, LawLex202300012253JBJ; Cass. 3e civ., 1 March 1995, LawLex202200001801JBJ; 27 September 2006, LawLex202200009907JBJ.

Cass. 3e civ., 16 June 1999, LawLex202200010107JBJ.

325. Validity conditions