JURITEXT000006952969 Généré par l'IA

Lessor v. Lessee (Unauthorized Sublease)

Numéro de cause JURITEXT000006952969

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-02-22

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A lessee, having been prohibited by a lease from subletting or transferring the lease without the express written consent of the lessor, nonetheless concluded a sub-lease agreement with a third party, leading the lessor to seek termination of the principal lease, and the court upheld the termination, reasoning that the sub-lease constituted an unauthorized transfer in violation of the specific contractual clause, regardless of whether the sub-lessee actually occupied the premises, as the mere conclusion of the agreement constituted a breach sufficient to warrant the cancellation of the lease.

Regeste Legislator

Généré par l'IA

Lessor v. Lessee (Unauthorized Sublease): A lessee, having been prohibited by a lease from subletting or transferring the lease without the express written consent of the lessor, nonetheless concluded a sub-lease agreement with a third party, leading the lessor to seek termination of the principal lease, and the court upheld the termination, reasoning that the sub-lease constituted an unauthorized transfer in violation of the specific contractual clause, regardless of whether the sub-lessee actually occupied the premises, as the mere conclusion of the agreement constituted a breach sufficient to warrant the cancellation of the lease.