01/02/2022 | Commercial leases

Clauses contraires au statut

Commentaire de Cass. 3ème civ., 30 juin 2021, AJDI, février 2022

The QPCs (priority preliminary rulings on constitutionality) referred to the Court of Cassation (Cour de cassation) concerning the imprescriptibility of actions seeking a declaration that clauses contrary to the statutory regime are deemed unwritten, held to apply to existing contracts, merely challenge principles established by case law and are therefore inadmissible. The QPC concerning the rule that an action seeking a declaration that a clause is unwritten is not subject to any limitation period is not serious.

Blatter Seynaeve
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