A resolutive clause inserted in a

This decision provides important insight into your family and estate rights. Here is what it changes for you.

The situation

A resolutive clause inserted in a commercial lease providing for a period of less than one month following a formal notice that has gone unheeded has the effect of defeating the mandatory provisions of Article L. 145-41 of the French Commercial Code and must be deemed never to have been written pursuant to Article L. 145-15 of that Code where the lease is still in force on the date on which Law No. 2014-626 of 18 June 2014 entered into force. In so far as the proceedings, the purpose of which is to establish that a resolutive clause whose validity is contested under that Law has become effective, are still pending, the effects of the formal notice served pursuant to that clause have not become final, so that the validity of the clause must be assessed in the light of that new Law

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for bringing legal proceedings
• Keep all your supporting documents (title deeds, legal instruments, correspondence)
• Plan ahead: preventive legal advice is always cheaper than litigation

For an analysis of your situation: 30-minute consultation at €70 with Maître Perucca.