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01/11/2025 | Commercial leases

Pas de formalisme pour le droit d'option

Commentaire de Cass. 3ème, 27 mars 2025, AJDI, novembre 2025

None of the mandatory particulars required by Article L. 145-9 of the Commercial Code applies to the instrument by which the landlord exercises its right of withdrawal (droit d’option) under Article L. 145-57 of that Code; in particular, that instrument need not state the limitation period applicable to challenging it in court, nor give reasons.

Blatter Seynaeve
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