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Article D144-3 of the French Commercial code

When the entry into force of the management lease contract is subject to an administrative decision by virtue of legislative and regulatory texts relating to the coordination of transport, the two-week period, set by article R. 144-1, runs from the date of notification by the prefect of this decision. This notification is made by registered letter with acknowledgement of receipt; it also sets in motion the time limits imposed on…

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Article D144-4 of the French Commercial code

The owner of a transport or industrial vehicle leasing business who leases out part of his business is required to mention the partial lease when registering it in the Trade and Companies Register, without being obliged to specify the leased items. This mention remains valid in the event of a change in the leased items. It is subject to an amending entry if the interested party takes over the operation…

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Article D144-5 of the French Commercial code

Transactions for the purpose of adapting the lessee’s rights to the useful load of his fleet of vehicles where the total transport capacity thus obtained by the lessee is less than the useful load of his fleet of vehicles shall not be considered as a lease of goodwill, within the meaning of article L. 144-1, operations whose purpose is to adapt the lessee’s rights to the useful load of his…

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Article R145-1 of the French Commercial code

A lessor who has not made known the amount of rent he is proposing under the conditions of article L. 145-11 may request a change in the lease price at a later date, by bailiff’s deed, by registered letter with acknowledgement of receipt or in the memorandum provided for in article R. 145-23.

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Article R145-3 of the French Commercial code

The specific characteristics of the premises are assessed in consideration of: 1° Its location in the building in which it is situated, its surface area and volume, and the convenience of its access for the public; 2° The size of the areas respectively assigned to receiving the public, to the operation or to each of the various activities that are carried out on the premises ; 3° Of its dimensions,…

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Article R145-4 of the French Commercial code

The specific characteristics of the premises may be affected by extrinsic elements consisting of accessory premises, ancillary premises or outbuildings, let by the same lessor and likely to be used in conjunction with the main premises. Where the rented premises include a residential part, the rental value of this part is determined by comparison with the prices charged for similar residential premises that are the subject of a new lease,…

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Article R145-6 of the French Commercial code

Local commerciality factors depend mainly on the importance for the business in question of the town, district or street in which it is located, the place where it is established, the distribution of the various activities in the neighbourhood, the means of transport, the particular attractiveness or constraints that the location may present for the activity in question and the changes that these elements undergo on a permanent or temporary…

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Article R145-7 of the French Commercial code

The prices currently charged in the neighbourhood, per unit of surface area, relate to equivalent premises having regard to all the elements mentioned in articles R. 145-3 to R. 145-6. In the absence of equivalence, they may, by way of indication, be used to determine the base prices, unless they are corrected in consideration of the differences noted between the rented premises and the reference premises. The references proposed on…

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