01/05/2019 | Commercial leases
Administrer, mai 2019
Article L. 145-16-2 of the Commercial Code, which provides that, upon assignment of the lease, the assignor’s joint and several liability towards the landlord is limited to three years, is a matter of public policy. However, this provision does not apply immediately to leases in progress on the date of its entry into force. Lastly, a clause governing assignment and providing for the assignor’s joint and several guarantee applies to a partial transfer of assets (apport partiel d’actifs).