01/05/2019 | Commercial leases

Commentaire de l'arrêt de Cass. 3ème civ., 11 avril 2019, n° 18-16.121, FS-P+B+I.

Administrer, mai 2019

Article L. 145-16-2 of the Commercial Code, which provides that, upon assignment of the lease, the assignor’s joint and several liability towards the landlord is limited to three years, is a matter of public policy. However, this provision does not apply immediately to leases in progress on the date of its entry into force. Lastly, a clause governing assignment and providing for the assignor’s joint and several guarantee applies to a partial transfer of assets (apport partiel d’actifs).

Blatter Seynaeve
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