01/05/2026 | Commercial leases
Commentaire de Cass. 3ème civ., 6 novembre 2025 (deux arrêts), AJDI, mai 2026
A termination clause providing for a period of less than one month after a formal demand that has remained unanswered contravenes the mandatory provisions of Article L. 145-41 of the Commercial Code. It is deemed unwritten, even where it appears in a lease concluded before the Pinel Law, if the lease was still running when that law came into force and the effects of the formal demand had not been definitively produced.