{"id":2849,"date":"2026-10-28T16:35:29","date_gmt":"2026-10-28T16:35:29","guid":{"rendered":"https:\/\/blatter.fr\/?post_type=publication&#038;p=2849"},"modified":"2026-10-28T16:35:29","modified_gmt":"2026-10-28T16:35:29","slug":"precision-requise-pour-le-commandement-de-payer-visant-la-clause-resolutoire-jean-pierre-blatter","status":"publish","type":"publication","link":"https:\/\/blatter.fr\/en\/publication\/precision-requise-pour-le-commandement-de-payer-visant-la-clause-resolutoire-jean-pierre-blatter\/","title":{"rendered":"Pr\u00e9cision requise pour le commandement de payer visant la clause r\u00e9solutoire \u2013 Jean-Pierre Blatter"},"content":{"rendered":"","protected":false},"featured_media":0,"template":"","class_list":["post-2849","publication","type-publication","status-publish","hentry"],"acf":{"pub_title":"","date_pub":"20140101","title_pub":"Pr\u00e9cision requise pour le commandement de payer visant la clause r\u00e9solutoire ","info_pub":"Commentaire des arr\u00eats Cass., 3\u00e8me civ., 5 mars 2013 et Cass. 3\u00e8me civ., 4 juin 2013, AJDI, janvier 2014","description_pub":"Having correctly held that, although the amount stated in the formal demand to pay referring to the termination clause exceeded the amount due, the demand was not void but was valid only for the sum due, and having found, on its own grounds and those adopted from the lower court, that the landlord had duly explained the calculation of the indexation, produced all relevant supporting documents concerning the service charges for 2004 to 2008 and was no longer claiming any service charge arrears, a court of appeal was entitled to infer, in view of the explanations and corrections provided, that the formal demand enabled the tenant to verify the existence and extent of its debt and was valid (1st case).\r\n<br>\r\nHaving found that, since the formal demand did not list the alleged late rent payments, no breach of the lease clauses was established, a court of appeal correctly inferred that the termination clause could not be applied on that ground (2nd case).","link_page":"\/en\/competences\/","link_num":"03","link_title":"Time and stone in the field of leases"},"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v28.8 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Pr\u00e9cision requise pour le commandement de payer visant la clause r\u00e9solutoire \u2013 Jean-Pierre Blatter - Blatter Seynaeve<\/title>\n<meta name=\"description\" content=\"Having correctly held that, although the amount stated in the formal demand to pay referring to the termination clause exceeded the amount due, the demand was not void but was valid only for the sum due, and having found, on its own grounds and those adopted from the lower court, that the landlord had duly explained the calculation of the indexation, produced all relevant supporting documents concerning the service charges for 2004 to 2008 and was no longer claiming any service charge arrears, a court of appeal was entitled to infer, in view of the explanations and corrections provided, that the formal demand enabled the tenant to verify the existence and extent of its debt and was valid (1st case). Having found that, since the formal demand did not list the alleged late rent payments, no breach of the lease clauses was established, a court of appeal correctly inferred that the termination clause could not be applied on that ground (2nd case).\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/blatter.fr\/en\/publication\/precision-requise-pour-le-commandement-de-payer-visant-la-clause-resolutoire-jean-pierre-blatter\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Pr\u00e9cision requise pour le commandement de payer visant la clause r\u00e9solutoire \u2013 Jean-Pierre Blatter - Blatter Seynaeve\" \/>\n<meta property=\"og:description\" content=\"Having correctly held that, although the amount stated in the formal demand to pay referring to the termination clause exceeded the amount due, the demand was not void but was valid only for the sum due, and having found, on its own grounds and those adopted from the lower court, that the landlord had duly explained the calculation of the indexation, produced all relevant supporting documents concerning the service charges for 2004 to 2008 and was no longer claiming any service charge arrears, a court of appeal was entitled to infer, in view of the explanations and corrections provided, that the formal demand enabled the tenant to verify the existence and extent of its debt and was valid (1st case). 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