01/11/2012 |

Clause d'échelle mobile et taxe foncière

Commentaire de l'arrêt Cass. 3ème civ., 3 mai 2012, AJDI, novembre 2012

In calculating the variation provided for in Article L. 145-39 of the Commercial Code, the amount of property tax that the tenant must reimburse to the owner under a contractual transfer of charges may not be added to the annual rent set in the lease, since the sliding-scale clause does not apply to that tax.

Blatter Seynaeve
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