01/09/2025 | Commercial leases

Clause d'indexation réputée non écrite : calcul de la créance de restitution de l'indu

Commentaire de Cass. 3ème, 23 janvier 2025, AJDI, septembre 2025

Where an indexation clause is deemed unwritten, the claim for restitution of sums unduly paid must be calculated on the basis of the rent that would have been payable had that provision not been applied.

Blatter Seynaeve
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