01/10/2011 | Commercial leases
Gazette du Pal., octobre 2011
The concept of “exorbitant charge”, governed by Article R. 145-8 of the Commercial Code, whose primary purpose is to protect the tenant, has certain limits when applied a contrario. That provision is difficult to apply, particularly in the case of “investor leases”, since the courts extend the concept of “exorbitant charge” in order to increase the rental value.