Commercial Leases/Business Goodwill
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Title 1: Formation of the lease agreement
Chapter 1: Term
I: Duty to inform
II: Obligation to deliver
III: Maintenance and repair obligation
A: Quiet enjoyment
B: Defects affecting the leased premises
C: Guarantee against personal acts
E: Exclusivity obligation
F: Specific case of shopping malls
Section 2: Obligations of the lessee
Chapter 3: Rent
Title 3: Change of use
Title 4: End of lease
Title 5: Assignment of the lease
Title 6: Procedure
Part 2: Business goodwill
104. Warranty against third-party claims
1 minute de lecture
It is appropriate to distinguish disturbances caused by third parties depending on whether they are factual or legal, as respectively provided by Articles 1725 and 1726 of the Civil Code.
Under the terms of the first of these texts, “the lessor is not required to guarantee the lessee against disturbances caused by third parties through actions affecting their enjoyment, without claiming any right …