Real Estate News – Commercial Leases : the Court of Cassation specifies the regime of the deemed unwritten clause

In a decision dated 19 November 2020, the French Supreme Court (Cour de cassation) clarified the regime for clauses contrary to Article L. 145-15 of the French Commercial Code, as amended by the law of 18 June 2014 (known as the Pinel Law). Prior to the Pinel Act, Article L. 145-15 of the French Commercial […]

New European framework for crowdfunding

Crowdfunding has emerged in recent years as a new form of alternative finance for start-ups and small and medium-sized enterprises, further restricting the banking monopoly, particularly through the techniques of crowdequity (raising capital by offering Internet users equity investments) and crowdlending (raising capital by borrowing from Internet users). Increasingly appreciated and used by companies unable […]

Moscow Newsletter – September 2020

Real Estate News: Commercial lease: the Court of Appeal of Dijon ruled on May 7, 2020 that a one-off distortion can last 3 years but cancels in its entirety the clause limiting upward indexation

The Dijon Court of Appeal validates the rent clause to be compensated despite the distortion created over 3 years by the sliding scale clause (i), while ordering the nullity of the disputed clause which limited downward indexation, despite the lessor’s failure to apply this limitation during the term of the lease (ii).