Commercial lessors and tenants in France : what changes for your commercial lease as of the 1st of Juanuary 2015 ?

The modifications to the legal system of commercial leases provided by the Law n°2014-626 of 18 June 2014 and the Decree n°2014-1317 of 3rd November 2014 have created current and future changes for ongoing leases, renewed leases and newly concluded leases.
Some of new rules are considered as public policy rules (in accordance to L145-15 of The Code de commerce), which means provisions of a contract cannot derogate from these rules.
The consequence is no longer nullity of the contract. Such provisions shall be deemed not to have been written (Article 6 of the Law modifying Articles L145-15 and L145-16 of Commercial Code). Accordingly, a party has no limitation period to expose this illegal provision.

In the following presentation, public policy rules will be framed in order to be identified.

Read More on Hoche Société d’Avocats – Newsletter Commercial Law and Commercial Lease Departement – January 2015 (by Catherine Ottaway, partner, George-Louis Harang, Julien Faucher et Philippe Catrice associates).