01/07/2023 | Commercial leases

Droit d'option du locataire, indemnités d'occupation et prescription des actions

Commentaire de Cass. 3ème, 16 mars 2023, AJDI, juillet-août 2023

A tenant who exercises its right of withdrawal (droit d’option) owes, for the period preceding the exercise of that right, an occupancy indemnity arising from the application of Article L. 145-57 of the Commercial Code; the action for payment of that indemnity is, as such, subject to the two-year limitation period under Article L. 145-60 of that Code, which runs from the exercise of the right of withdrawal.

Blatter Seynaeve
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