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Immobilier commercial
Commercial lease and collective proceedings from the tenant's point of view
The opening of collective proceedings: the commercial lease is not automatically terminated. The article examines I) the continuation of the lease and its consequences; II) the interruption of shares and the freezing of previous rents. Support avoids procedural pitfalls.
Immobilier commercial
Use of the termination clause and judicial termination
The order to pay, referring to the termination clause, must specify the date from which the termination must occur. Judicial termination must be justified by a sufficiently serious breach.
Immobilier commercial
Is the commercial lease continued in the event of collective proceedings?
The opening of collective proceedings, whether a safeguard, a reorganization and even a liquidation, does not automatically entail termination of the lease.
Immobilier commercial
The effects of a termination clause inserted in a commercial lease may be suspended
The lessee who is issued an order for the termination clause may request deadlines to perform his obligation, including when the breach alleged by the lessor does not concern the payment of rents.
