Reference decision: cc • No. 94-21.056 • 1997-06-11 • View the decision →
This decision provides important insight into your family and estate rights. Here is what it changes for you.
The situation
The holder of a commercial lease may apply for extensions of time for payment and for the suspension of the effects of the forfeiture clause for as long as a decision finding that the lease has been terminated has not acquired the force of res judicata. Where the forfeiture clause is drafted in unambiguous terms and a formal notice to pay the rent and ancillary charges has been served, Article 1244 of the Civil Code and Article 25 of the decree of 30 September 1953 authorise the grant of extensions of time for payment and the suspension of the effects of that clause.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Scrupulously observe the statutory time limits for lodging appeals
- Keep all your supporting documents (title deeds, legal instruments, correspondence)
- Plan ahead: preventive legal advice always costs less than litigation
For an analysis of your situation: a 30-minute consultation at €70 with Maître Perucca.
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