[FLASH NEWS] Commercial leases: when is an exclusively upward indexation clause divisible?

 

By a decision of January 12, 2022 n°21-11.169, the 3rd civil chamber of the Court of Cassation consolidates its jurisprudence on indexation clauses deemed not written. The Supreme Court thus considers that the mention of the determining and essential character of the indexation clause in the lessor’s consent is not sufficient to pronounce its indivisibility.

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On 22 February 2022 Russian President Vladimir Putin signed laws ratifying agreements with the  Donetsk and Luhansk People’s Republics (DNR and LNR) recognizing them as independent  states. Sanctions below were adopted before President Putin announced a “special military operation” in Ukraine on 24 February 2022. We are actively following the developments related to those issues […]

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[FLASH NEWS] Commercial leases: when is an exclusively upward indexation clause divisible?

By a decision of January 12, 2022 n°21-11.169, the 3rd civil chamber of the Court of Cassation consolidates its jurisprudence on indexation clauses deemed not written. The Supreme Court thus considers that the mention of the determining and essential character of the indexation clause in the lessor’s consent is not sufficient to pronounce its indivisibility. […]

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