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Real Estate Law

Commercial Leases: Retroactive Application of the Law

Apr 13, 2017
Commercial Leases: Retroactive Application of the Law

Court of Cassation, 3rd Civil Chamber, February 9, 2017, No. 16-10350.

The provisions of Article L. 145-7-1 of the Commercial Code, which state that “Commercial leases entered into between owners and operators of tourist residences referred to in Article L. 321-1 of the Tourism Code shall have a minimum term of nine years, without the possibility of termination upon the expiration of a three-year period,” are matters of public policy and apply to leases in effect as of the date of its entry into force.