CASE COMMENTS: PUBLIC SECTOR - FRANCE - RENTAL MARKET - COMMERCIAL LEASES - PROPERTY RIGHTS

Commercial leases: The Constitutional Council considers that the last paragraph of article L. 145-34 C. com. is not incompatible with the right of ownership even though it may require the lessor not to renew a lease for the rental value of the property (A.D-Trezel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The legal regime governing the determination of the lease rent is based on a principle of freedom: the co-contracting parties (the lessee and the lessor) set the price by mutual agreement. However, this principle of freedom must not result in jeopardizing the commercial activities carried out by the lessees. This is why, although the determination of the rent of the lease is initially free (cf. Art. L. 145-1 et seq. of the Commercial Code), the determination of the rent of the lease is regulated where the parties envisage renewing it. Article L. 145-33 C. com. thus provides that "the amount of the rent for renewed or revised leases must correspond to the

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  • University Paris II Panthéon‑Assas

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Jeremy Martinez, Commercial leases: The Constitutional Council considers that the last paragraph of article L. 145-34 C. com. is not incompatible with the right of ownership even though it may require the lessor not to renew a lease for the rental value of the property (A.D-Trezel), 7 May 2020, Concurrences N° 4-2020, Art. N° 97673, pp. 231-232

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