01/07/2021 | Commercial leases

Portée d'une clause résolutoire

Commentaire de Cass. 3ème civ., 22 octobre 2020, AJDI, juillet-août 2021

Where the termination of the lease has been recorded by a summary order (ordonnance de référé) having acquired the force of res judicata, the landlord can no longer, if the tenant fails to comply with the payment terms on which suspension of the effects of the termination clause was conditional, unilaterally require performance of the terminated lease.

Blatter Seynaeve
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