Bankruptcy Law

The continuation of the commercial lease contract in force on the day of the judgment opening the safeguard procedure is subject to the special provisions of Article L. 622-14 of the Commercial Code. Only lease contracts in progress are subject to the text. Thus, a commercial lease that has expired and has been renewed after the delivery of a notice of termination before the opening judgment const …

Commercial lease of buildings used for the company's activity

The continuation of the commercial lease contract in force on the day of the judgment opening the safeguard procedure is subject to the special provisions of Article L. 622-14 of the Commercial Code. Only lease contracts in progress are subject to the text. Thus, a commercial lease that has expired and has been renewed after the delivery of a notice of termination before the opening judgment constitutes a new lease and not an ongoing contract that the receiver may require to be performed .

Article L. 622-14 expressly refers to buildings leased to the debtor and used for the business. The aim is to encourage the safeguarding of the business by not depriving the debtor of the premises in which he carries on his activity. Conversely, the situation in which the debtor is the lessor is covered by Article L. 622-13. Moreover, the real estate leasing contract is not subject to the special regime, so that the creditor who requests termination does not have to comply with the time-limit for action that it provides . Moreover, according to the State Council, a contract relating to the occupation of the public domain is of an administrative nature, which excludes the application of the special rules on the continuation of ongoing contracts reserved for leases under private law  and makes it subject to the general rules of Article L. 622-13.

Cass. ass. plén., 7 May 2004, LawLex202100002293JBJ (RJ).

Cass. com., 9 May 1995, LawLex202100005210JBJ (RJ) ; 11 March 1997, LawLex202200001678JBJ (RJ).

Cons. d'Et., 8 December 2017, LawLex202200001226JBJ (LJ).

Bankruptcy Law

110. Commercial lease of buildings used for the company's activity

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110. Commercial lease of buildings used for the company's activity

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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