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Article L145-1 of the French Commercial code

I. – The provisions of this chapter apply to leases of buildings or premises in which a business is operated, whether or not the business belongs either to a trader or industrialist registered in the Trade and Companies Register, or to the head of a company in the trades and crafts sector registered in the National Register of Companies, whether or not performing commercial acts, and in addition: 1° To…

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Article L145-2 of the French Commercial code

I.-The provisions of this chapter also apply: 1° To leases of premises or buildings housing educational establishments; 2° To leases granted to municipalities for buildings or premises assigned, either at the time of the lease or subsequently and with the express or tacit consent of the owner, to services operated on a self-governing basis ; 3° To leases of buildings or main or ancillary premises, necessary for the pursuit of…

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Article L145-3 of the French Commercial code

The provisions of this chapter do not apply to emphyteutic leases, except as regards the revision of the rent. However, they shall apply, in the cases provided for in articles L. 145-1 and L. 145-2, to leases entered into by emphyteutic lessees, provided that the duration of the renewal granted to their sublessees does not have the effect of extending the occupation of the premises beyond the expiry date of…

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Article L145-4 of the French Commercial code

The term of the lease may not be less than nine years. However, the lessee has the option of giving notice of termination at the end of a three-year period, at least six months in advance, by registered letter with acknowledgement of receipt or by extrajudicial act. Leases concluded for a term of more than nine years, leases for premises built for a single use, leases for premises used exclusively…

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Article L145-5 of the French Commercial code

The parties may, when the lessee takes up the premises, derogate from the provisions of this chapter provided that the total term of the lease or successive leases does not exceed three years. On expiry of this term, the parties may no longer enter into a new lease derogating from the provisions of this chapter to operate the same business in the same premises. If, on expiry of this term,…

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Article L145-5-1 of the French Commercial code

This chapter does not apply to precarious occupation agreements which are characterised, irrespective of their duration, by the fact that occupation of the premises is authorised only because of particular circumstances beyond the sole control of the parties. .

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Article L145-6 of the French Commercial code

The lessor of premises used for commercial, industrial or craft purposes may, during the original lease or a renewed lease, take over the premises in whole or in part in order to carry out work requiring the evacuation of the premises included in a sector or perimeter provided for in the articles L. 313-4 and L. 313-4-2 of the French Town Planning Code and authorised or prescribed under the conditions…

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Article L145-7 of the French Commercial code

The tenant whose lease is deferred is entitled to compensation for dispossession which includes compensation for the harmful consequences of the temporary deprivation of enjoyment, taking into account, if applicable, the temporary installation carried out at the lessor’s expense and the reimbursement of his normal removal and reinstallation expenses. When the offer has been accepted or recognised as valid by the competent court, and after the expiry of the period…

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Article L145-8 of the French Commercial code

The right to renew the lease may only be invoked by the owner of the business that is being operated on the premises. The business converted, where applicable, under the conditions provided for in section 8 of this chapter, must, unless there are legitimate grounds, have been actually operated during the three years preceding the date of expiry of the lease or its extension as provided for in article L….

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