01/02/2024 | Commercial leases
Commentaire de Cass. 3ème, 16 novembre 2023, AJDI, février 2024
Even where the limitation period for an action to annul clauses contrary to the statutory regime had previously expired, the “deemed unwritten” sanction applies to leases in progress when the Law of 18 June 2014 came into force (1st case).
Article L. 145-15 of the Commercial Code does not apply to leases that ended before that Law came into force, and does not give rise to the tenant’s right to renewal (2nd case).