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Immobilier commercial
Disturbance of enjoyment: beware of abnormal and excessive work!
In this decision obtained by the firm Gouache, the Paris Court of Justice recalls the obligations of the lessor in terms of delivery and peaceful enjoyment: the obligation of delivery takes precedence over the suffering clause in the event of abnormal and excessive disturbances.
Immobilier commercial
The delivery of the commercial premises: an obligation at all times for the lessor.
The lessor is required with regard to the lessee to deliver the premises and to ensure their peaceful enjoyment. Failure to comply with these essential obligations is punishable. Thus, it is in the lessor's interest to invoke the statute of limitations against the lessee who is the victim of a failure to deliver. But what is this prescription and from when does it run? It is to these questions of law that the judgment of the Court of Cassation of 10 July 2025 answers.