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Immobilier commercial
Law to simplify economic life: to follow for lessees!
The draft Law for the Simplification of Economic Life will be studied by a joint joint committee.
Discover the preludes of this Act, whose provisions directly concern the subject of commercial leases and, in particular, the protection of lessees.
Immobilier commercial
Indexation clause deemed unwritten: restitution of overpayment
Gouache Avocats obtained a particularly important decision, in which a lessor had to return more than €15,000 in overpayments of rent, due to the indexation clause deemed unwritten. A decision that illustrates the importance of precise drafting of the clauses of the commercial lease.
Immobilier commercial
Indexation clause deemed unwritten: what is the tenant's claim?
A deemed unwritten indexation clause is deemed never to have existed. The tenant may thus, within the limit of the 5-year limitation period under ordinary law, request the reimbursement of overpaid rents.
