Commercial Leases/Business Goodwill

Article L. 145-2 of the Commercial Code provides for the possibility of legally extending the status of commercial leases to various establishments, services, or special cases. Thus, paragraph I declares the protection mechanism applicable to educational establishments, municipal services operated in-house, public companies of an industrial or commercial nature, local authorities and public institutions, cooperative companies, savings and provident funds, artists, as well as professional leases, by way of derogation from Article 57 A of Law 86-1290 , when the parties have contractually adopted this regime. Finally, since the Pinel Law , under the terms of paragraph III of Article L. 145-2, leases of buildings remain subject to this status when a municipality exercises its right of preemption on a commercial lease, a business, or an artisanal business.

Act No 86-1290 of 23 December 1986, aimed at promoting rental investment, access to home ownership of social housing, and the development of land supply.

Law No 2014-626 of 18 June 2014, relating to crafts, commerce, and very small enterprises.

41. Legal extension