About a ruling of the Supreme Court dated October 28, 2009 ( Cass. Civ 3e, 28 oct.2009, FS-P + B, No. 08-16826 )
To enhance the security of the lessor, the parties to the assignment may agree to include a guarantee clause whereby the seller undertakes jointly with the assignee to pay the rent and performance of the contract.
Failing such a clause, since a decision of the Court of Cassation of 1988 the landlord can not require the seller to pay the rent owed after the sale ( Cass. 3rd civ. July 12, 1988 No. 86 15759: Bull. Civ. III No. 125 )
It is important for the lessor to require the inclusion of such a clause.
The Supreme Court in that case dated October 28, 2009 said that the drafting of articles of solidarity must be accurate.
The solidarity clause is narrowly construed as to its extent.
Thus, when limited to the payment of rent owed by the assignee, the assignor may not be required to pay reparations or compensation rental occupancy caused by the transferee after the termination of the lease.
must always be expected that the commitment of such transferor extends to those sums.
Yann Gallon - Lawyer
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