01/07/2011 |

Incidence de la prescription de l'action en fixation du prix du bail renouvelé sur la clause d'indexation

Observations sous l'arrêt Cass. 3ème civ., 8 mars 2011, AJDI, juillet-août 2011

Notwithstanding the expiry of the limitation period for the action to set the rent of the renewed lease, the lease is renewed on the terms and conditions of the expired lease, including the indexation provided for in the clauses of the original contract, which must apply to the renewed lease from its first day.

Blatter Seynaeve
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