07/08/2018 | Commercial leases

Procédure collective du preneur et résiliation du bail

Commentaire de l'arrêt de Cass. Com., 24 janvier 2018, AJDI, juillet-août 2018.

Article L. 622-13 of the Commercial Code, while requiring the judicial administrator to terminate the lease of a tenant in safeguard proceedings, judicial reorganisation or judicial liquidation where the administrator does not have the funds needed to pay the next instalment, does not prevent it from terminating leases at any time even if the rent can be paid when due.

Article L. 622-14 of that Code provides that, where the administrator decides not to continue the lease, termination takes effect on the day the landlord is informed of that decision.

Providing for a later effective date does not render the termination irregular and does not defer its effect.

Blatter Seynaeve
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