01/11/2015 | Commercial leases

Condition de la révision du loyer sur le fondement de l'article L.145-38

Commentaire des arrêts de la Cass. 3ème civ., 20 mai 2015, AJDI, novembre 2015

Where there is an indexation clause, since the rent in force results from the application of that clause, which refers to a statutory index, and in the absence of any change in local commercial factors, there are no grounds for reviewing the rent under Article L. 145-38 of the Commercial Code, which sets aside the reference in principle to the rental value (3 cases).

Blatter Seynaeve
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