01/12/2017 | Commercial leases

Clause résolutoire et difficultés des entreprises

Commentaire de l'arrêt de Cass. 3ème civ., 12 juillet 2017, AJDI, décembre 2017

A termination clause in a lease for non-payment of rent takes definitive effect, prior to the opening of insolvency proceedings against the tenant, only if its operation has been established by a court decision that has become final (res judicata) before the date of the opening judgment.

Blatter Seynaeve
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