01/02/2022 | Commercial leases
Commentaire de Cass. 3ème civ., 30 juin 2021, AJDI, février 2022
Article L. 145-15 of the Commercial Code, as worded following the Law of 18 June 2014, which replaced the nullity of clauses having the effect of defeating the provisions of Articles L. 145-37 to L. 145-41 of that Code with their being deemed unwritten, applies to leases in progress when that Law came into force (first ground of appeal).
In an indexation clause, only the provision prohibited by Article L. 112-1 of the Monetary and Financial Code must be deemed unwritten, where it has not been proved that the clause is indivisible (second ground of appeal).