01/12/2023 | Commercial leases
Commentaire de Cass. 3ème, 14 septembre 2023, AJDI, décembre 2023
The destruction of the property sold, occurring after the sale was concluded, does not deprive the sale of its subject matter, and the fact that the tenant no longer holds a lease over the property owing to its destruction after the sale does not render devoid of purpose its claims for annulment of the sale made in breach of its pre-emption right and for compensation for its loss.