Commercial Leases: Starting Point for Statutes of Limitations

Court of Cassation, 3rd Civil Chamber, July 7, 2016, No. 15-19485.

Pursuant to the provisions of Article 2224 of the Civil Code, the statute of limitations begins to run on the day the holder of a right became aware of, or should have become aware of, the facts enabling him or her to exercise that right.

A request to set the rent under a commercial lease, arising pursuant to Article L. 145-5 of the Commercial Code, presupposes that one of the parties has requested the application of the provisions governing commercial leases. Consequently, it is on that date that the parties become aware of the facts enabling them to bring the action to determine the rent, and the statute of limitations for such an action runs not from the date on which the commercial lease comes into effect, but from the date on which a request for the application of the commercial lease regime is made by either party.