01/06/2015 | Commercial leases

Délai d'option : pas de seconde signification

Commentaire de Cass. 3ème civ., 14 janvier 2015, AJDI, juin 2015

Service of the first-instance decision setting the rent causes both the time limit for exercising the right of withdrawal and the time limit for appeal to start running, since the Commercial Code does not provide for a second service of the decision to start the time limit for the right of withdrawal. Consequently, the right of withdrawal exercised more than one month after service of the decision of the rent judge setting the rent of the renewed lease is out of time and cannot prevent renewal of the lease.

Blatter Seynaeve
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