French Business Law - French Legislation

Article L145-28 of the French Commercial code

November 8, 2023

No tenant entitled to eviction compensation may be forced to leave the premises before receiving it. Until such compensation is paid, he is entitled to remain in the premises under the terms and conditions of the expired lease. However, the occupancy indemnity shall be determined in accordance with the provisions of Sections 6 and 7, taking into account all relevant factors. As an exception to the previous paragraph, in the…

Article L145-29 of the French Commercial code

November 8, 2023

In the event of eviction, the premises must be returned to the lessor on expiry of a period of three months following the date of payment of the eviction compensation to the lessee himself or notification to the lessee of payment of the compensation to a receiver. In the absence of agreement between the parties, the receiver is appointed by the judgment ordering payment of the compensation or, failing this,…

Article L145-30 of the French Commercial code

November 8, 2023

In the event of failure to hand over the keys on the set date and after formal notice, the receiver shall withhold 1% per day of delay from the amount of the compensation and return this withholding to the lessor on his receipt alone. When the two-week period provided for in article L. 145-58 has ended without the lessor having exercised his right of repentance, the eviction compensation must be…

Article L145-31 of the French Commercial code

November 8, 2023

Unless otherwise stipulated in the lease or agreed by the lessor, any total or partial subletting is prohibited. In the event of an authorised sublease, the landlord is called upon to contribute to the deed. Where the sublease rent is higher than the price of the main tenancy, the landlord is entitled to demand a corresponding increase in the rent of the main tenancy, an increase which, in the absence…

Article L145-32 of the French Commercial code

November 8, 2023

The subtenant may apply to the principal tenant for renewal of its lease to the extent of the rights that the principal tenant itself has from the landlord. The lessor is called upon to assist in the act, as provided for in article L. 145-31. At the expiry of the main lease, the landlord is only obliged to renew if he has, expressly or tacitly, authorised or approved the sublease…

Article L145-33 of the French Commercial code

November 8, 2023

The amount of rent for renewed or revised leases must correspond to the rental value. Failing agreement, this value is determined on the basis of: 1 The characteristics of the premises in question; 2 The purpose of the premises; 3 The respective obligations of the parties; 4 Local commercial factors; 5 Prices currently charged in the vicinity; A decree in the Council of State specifies the content of these elements.

Article L145-34 of the French Commercial code

November 8, 2023

Unless there is a significant change in the items mentioned in 1° to 4° of article L. 145-33, the rate of change in the rent applicable when the lease to be renewed takes effect, if its term does not exceed nine years, may not exceed the change, since the initial fixing of the rent for the expired lease, in the quarterly index of commercial rents or the quarterly index of…

Article L145-35 of the French Commercial code

November 8, 2023

Disputes arising from the application of articles L. 145-34 and L. 145-38 as well as those relating to service charges and works may be submitted to a departmental conciliation commission made up of landlords and tenants in equal numbers and qualified persons. The commission endeavours to reconcile the parties and issues an opinion. If the matter is referred to the court in parallel with the competent commission by one or…

Article L145-36 of the French Commercial code

November 8, 2023

The elements used to determine the price of leases for land, premises built with a view to a single use and premises for exclusive office use are set by decree in the Conseil d’Etat. The lease price of premises built or converted for use as a cinema entertainment establishment within the meaning of Article L. 212-2of the Code du cinéma et de l’image animée is, by way of derogation from…

Article L145-37 of the French Commercial code

November 8, 2023

Rents on leases of buildings or premises governed by the provisions of this chapter, whether renewed or not, may be revised at the request of either party subject to the reservations set out in articles L. 145-38 and L. 145-39 and under conditions set by decree in the Conseil d’Etat.

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French Commercial code

Article L145-28 of the French Commercial code

Article L145-29 of the French Commercial code

Article L145-30 of the French Commercial code

Article L145-31 of the French Commercial code

Article L145-32 of the French Commercial code

Article L145-33 of the French Commercial code

Article L145-34 of the French Commercial code

Article L145-35 of the French Commercial code

Article L145-36 of the French Commercial code

Article L145-37 of the French Commercial code

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French Commercial code

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