JURITEXT000006957463 Généré par l'IA

Lessee Assumed Risk of Eviction Upon Sale of Leased Property

Numéro de cause JURITEXT000006957463

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-04-21

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A lessee, operating a commercial establishment, sought indemnity from the lessor after the lease was terminated following the sale of the building, arguing that the sale constituted an eviction, but the appellate court found no fault with the lessor because the lease explicitly stipulated that the lessee assumed the risk of eviction in the event of a sale, and the court of cassation upheld this decision, reasoning that the stipulation validly waived the lessee's right to indemnity, as this right is not a matter of public order and can be contractually excluded.

Regeste Legislator

Généré par l'IA

Lessee Assumed Risk of Eviction Upon Sale of Leased Property: A lessee, operating a commercial establishment, sought indemnity from the lessor after the lease was terminated following the sale of the building, arguing that the sale constituted an eviction, but the appellate court found no fault with the lessor because the lease explicitly stipulated that the lessee assumed the risk of eviction in the event of a sale, and the court of cassation upheld this decision, reasoning that the stipulation validly waived the lessee's right to indemnity, as this right is not a matter of public order and can be contractually excluded.