JURITEXT000006953706 Généré par l'IA

Lessor's Waiver and Abuse of Rights in Lease Termination for Insurance Lapse

Numéro de cause JURITEXT000006953706

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-04-27

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

An individual who signed a commercial lease that included a clause requiring them to procure fire insurance covering the property, but who failed to do so, was nevertheless deemed not to have breached the lease when the insured property was subsequently destroyed by fire, because the lessor had previously accepted delayed payment of the first year's rent, and the lessor's subsequent refusal to provide the required notice to cure the insurance default before terminating the lease was deemed an abuse of rights, leading the court to quash the lower court's decision that upheld the termination.

Regeste Legislator

Généré par l'IA

Lessor's Waiver and Abuse of Rights in Lease Termination for Insurance Lapse: An individual who signed a commercial lease that included a clause requiring them to procure fire insurance covering the property, but who failed to do so, was nevertheless deemed not to have breached the lease when the insured property was subsequently destroyed by fire, because the lessor had previously accepted delayed payment of the first year's rent, and the lessor's subsequent refusal to provide the required notice to cure the insurance default before terminating the lease was deemed an abuse of rights, leading the court to quash the lower court's decision that upheld the termination.