01/01/2016 | Commercial leases
Commentaire de Cass. 3ème civ., 7 juillet 2015, AJDI, janvier 2016
Recourse to a precarious occupancy agreement must be justified by special circumstances, independent of the mere will of the parties, existing at the time the agreement is signed. That is not the case where the tenant remains in the premises after the amicable termination of its lease, for a maximum period of twenty-three months, in order to enable it to find a purchaser for its business (goodwill) or its leasehold right.