01/03/2010 | Droit d'option

Notion de « frais de l’instance » - Jean-Pierre Blatter.

Observations sous l'arrêt Cass. 3ème civ., 16 septembre 2009, AJDI, mars 2010

The costs borne by a landlord who, exercising its right of withdrawal (droit d’option), refuses to renew the lease are exclusively the costs incurred before that right was exercised, and not those of new proceedings brought subsequently to set the amount of the eviction indemnity and the occupancy indemnity.

Once the right of withdrawal has been exercised, determining who must bear the costs of the expert appraisal ordered to set the amount of the eviction and occupancy indemnities falls within the discretionary power of the judge.

Blatter Seynaeve
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