Lessor's Claim Barred by Abuse of Right for Failure to Perform Contractual Repairs

A lessor, having failed to execute repairs they were contractually obligated to perform, sought to enforce a penalty clause against the lessee for non-payment of rent, prompting the lessee to file a counterclaim for the execution of the repairs and damages. The Court of Cassation quashed the lower court's decision because, by enforcing the penalty clause against the lessee while failing to execute its own primary contractual obligation to repair, the lessor was wrongfully leveraging the contract to the detriment of the other party, thus constituting an abuse of right that barred its claim for performance under the penal clause.