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
Chapter 1: Notice to terminate
Chapter 2: Renewal
Section 1: Voluntary termination
Section 2: Termination by operation of law
B: Waiver of the termination clause
C: Subsequent request after termination notice
II: Effects
Section 4: Termination in the event of insolvency proceedings
Chapter 4: Right to compensation
Title 5: Assignment of the lease
Title 6: Procedure
Part 2: Business goodwill
259. Contractual breaches
1 minute de lecture
The request for judicial termination must be based on the breach of a contractual obligation expressly stipulated by the lease . Thus, judicial termination cannot be pronounced due to the landlord's failure to fulfill an obligation to ensure the commercial viability of a shopping mall in the absence of a contractual stipulation to that effect . Similarly, the lack of one of the conditions for the …