01/04/2011 | Cession de droit au bail
Observations sous l'arrêt Cass. 3ème civ., 12 octobre 2010, AJDI, avril 2011
A court of appeal relies on grounds that are inapt to establish the landlord’s intention to waive the clause under which assignment of the lease may be authorised only in favour of the assignee of the business (goodwill), where it finds that the notary instructed to draw up the deed sought the landlord company’s approval of the assignment, stating that it concerned the leasehold right, that the manager of that company authorised the assignment, and that the landlord thus appears to have knowingly waived the approval clause in its entirety since, even though it stated that it authorised the assignment on condition that it be carried out in strict compliance with the clauses and obligations under the contract, it accepted it without any reservation, whereas the notary’s letters referred only to the leasehold right and not to the assignment of the business.