Bankruptcy Law

The continuation of a commercial lease contract in force on the date of the judgment opening the receivership procedure is governed by the special provisions of Article L. 622-14 of the Commercial Code, applicable to the receivership procedure by virtue of Article L. 631-14. Only leases currently in force are subject to these provisions. Thus, a commercial lease that has expired and has been renew …

Commercial lease of buildings used for business purposes

The continuation of a commercial lease contract in force on the date of the judgment opening the receivership procedure is governed by the special provisions of Article L. 622-14 of the Commercial Code, applicable to the receivership procedure by virtue of Article L. 631-14. Only leases currently in force are subject to these provisions. Thus, a commercial lease that has expired and has been renewed following the delivery of a notice of termination prior to the opening judgment constitutes a new lease and not an contract in the course of perfomance whose performance the receiver may demand .

Article L. 622-14 expressly refers to buildings leased to the debtor and used for the company's business. The aim is to promote its receivership by not depriving the debtor of the premises in which it carries on its business. Conversely, the situation in which the debtor is the lessor is governed by the ordinary law of Article L. 622-13 . Furthermore, real estate leasing contracts do not fall under the special regime, so that a creditor requesting termination does not have to comply with the time-limit for action provided for therein . Finally, according to the Council of State, a contract for the occupation of the public domain is of an administrative nature, which excludes the application of the special rules for the continuation of contracts reserved for leases under private law  and brings it under the regime of Article L. 622-13.

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

Applicable by reference to art. L. 631-14.

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

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

Bankruptcy Law

380. Commercial lease of buildings used for business purposes

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380. Commercial lease of buildings used for business purposes

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise