01/10/2009 |
Observations sous l'arrêt Cass. 3ème civ., 7 janvier 2009, AJDI, octobre 2009
Since the provisions of Article L. 145-11 of the Commercial Code apply only to an amendment of the rent sought by the landlord, a court of appeal that sets the effective date of the new rent, while finding that the action to set the rent of the renewed lease had been brought by the tenant, failed to draw the legal consequences of its own findings and infringed Article L. 145-11 of the Commercial Code.