JURITEXT000006956687 Généré par l'IA

Lessor's Right to Enforce Sublease Prohibition Despite Prior Tolerance

Numéro de cause JURITEXT000006956687

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-04-19

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A lessor sought to terminate a lease agreement after the lessee sublet the premises in violation of a clause prohibiting subleasing without the lessor's written consent, even though the lessor had previously tacitly accepted the sublessee's presence without objection for a significant period. The Court of Cassation rejected the appeal, reasoning that the lessor's prior tolerance of the situation did not constitute a definitive waiver of their right to enforce the contractual clause, as the clause itself remained in effect and the lessor had not explicitly or implicitly renounced their right to demand strict adherence to the written prohibition against subleasing without express authorization.

Regeste Legislator

Généré par l'IA

Lessor's Right to Enforce Sublease Prohibition Despite Prior Tolerance: The Court of Cassation rejected the appeal, reasoning that the lessor's prior tolerance of the situation did not constitute a definitive waiver of their right to enforce the contractual clause, as the clause itself remained in effect and the lessor had not explicitly or implicitly renounced their right to demand strict adherence to the written prohibition against subleasing without express authorization.