01/07/2016 | Commercial leases

Clause d'échelle mobile : mesure de la variation de plus du quart en présence d'un avenant

Commentaire de Cass. 3ème civ., 17 mars 2016, AJDI, juillet-août 2016

To measure the variation of more than 25% required by Article L. 145-39 of the Commercial Code for bringing an action for rent review, the rent resulting from the application of the sliding-scale clause must be compared with the rent previously set by agreement, that rent being the one resulting from the lease, from the last amendment preceding the request for review, or from the rent set by the court in earlier review proceedings.

Blatter Seynaeve
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