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Commercial Real Estate
Optimize rent management in commercial real estate
At the conclusion of the lease, the rent is set freely by the parties. However, it may change during the lease or when it is renewed.
The drafting of contractual clauses is therefore essential to anticipate and optimize the management of rents.
Immobilier commercial
Ceiling of renewed rent: independence of the cause and its effects!
By a judgment of 18 September 2025, the Court of Cassation confirmed, or even clarified, its position on taking into account the evolution of local factors of commerciality allowing the de-capping of the revised rent: a favorable impact on commercial activity is sufficient, even without an effective and real impact on the business operated on the premises.
Immobilier commercial
Is the obligation to take out new insurance a reason for uncapping?
If the lessor is required to take out civil liability insurance, this obligation constitutes a significant modification and a reason for de-capping the rent. The fact that the lessor has already taken out such insurance, before it becomes mandatory, does not deprive it of its significant character allowing it to escape the de-capping.
Immobilier commercial
Pharmacy – rent - evidence and mediation
Rent fixing proceedings are sometimes lengthy, as the parties do not always provide proof of their claims. This is why a judicial expert is appointed. Now, the court can lengthen this procedure by ordering the parties to meet with a mediator.
Réseaux de distribution, Concurrence
Assignment of goodwill and distribution contract
The transfer of a business is not worth and does not entail the transfer of a distribution contract. In a decision of 19 October 2022, the Commercial Chamber of the Court of Cassation laid down, in a fairly conventional solution, the principle that the transfer of a business is not worth and…
Réseaux de distribution, Concurrence
Deductible - Information obligation and blocking minority
The nullity of a franchise agreement is pronounced for a lack of information from the franchisee on the existence of a blocking minority and its consequences. The Commercial Court of Caen, in a decision of 25 January 2023, declared the nullity of a participatory franchise agreement for lack …
Réseaux de distribution, Concurrence
Unfair terms in contracts with app developers
The provisions sanctioning significant imbalance constitute a mandatory law. It is on this basis that 6 clauses of the contracts concluded between Apple and application developers were declared abusive by the Commercial Court of Paris. On December 19, 2022, the Commercial Court of Paris iss…
Réseaux de distribution, Concurrence
Franchisor Responsibility and/vs Franchisee Duties
The Paris Court of Appeal recalls the duty of the franchisee, as an independent trader, to provide information during the pre-contractual phase and refuses to cancel the franchise agreement concluded in the absence of transmission of a dip. The Paris Court of Appeal, in a decision of 9 Nove…