linkedin

01/05/2026 | Commercial leases

Caractère non écrit de la clause résolutoire mentionnant un délai inférieur à un mois

Commentaire de Cass. 3ème civ., 6 novembre 2025 (deux arrêts), AJDI, mai 2026

A termination clause providing for a period of less than one month after a formal demand that has remained unanswered contravenes the mandatory provisions of Article L. 145-41 of the Commercial Code. It is deemed unwritten, even where it appears in a lease concluded before the Pinel Law, if the lease was still running when that law came into force and the effects of the formal demand had not been definitively produced.

Blatter Seynaeve
Powered by  GDPR Cookie Compliance (opens in a new tab)
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.