عقد الإيجار التجاري في القانون الفرنسي : نظام قانوني خاص

Abstract EN

It should be noted that the French legislator has innovated by removing the commercial lease contract from the provisions of the Civil Code.

Henceforth, it is subject to a special and unique regime, without equivalent in European legislation.

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This is to the detriment of the lessor's interests, in particular his ability to dispose of his immovable property.

The study also looks at the basis of the right to eviction compensation, which the French legislator has granted to the tenant of a commercial lease and which has given rise to new legal principles and rules.

Our thesis links this special regime of commercial leases to the evolution of civil liability in the 20th century.

We believe that this regime would not have come into being without the evolution of legal thought towards strict liability and the creation of strict liability by French case law.

And in order to argue this thesis we rely on the evolution of the parliamentary debate on the question of the protection of the tenant evicted after the end of the commercial lease contract and refusal of renewal.

A debate that lasted more than nine years and which aroused the curiosity of the doctrine and finally the intervention of the legislator.

A debate that has not yet finished dividing the doctrine.