News
Commercial lease: termination due to the entrepreneur's corporate crisis
- 14/05/2019
The tenant's company crisis is a legitimate reason for the termination of the lease for non-residential use: this principle was stated by the Court of Cassation, Section III, in the judgment of 28 February 2019, no. 5803.
The Supreme Court has clarified that, in case of withdrawal of the tenant, the serious reasons referred to in Law no. 392 of 1978, art. 27, paragraph 8, must be determined by facts unrelated to the will of the same, unforeseeable and occurring during the establishment of the relationship, and must be such as to make its continuation burdensome, and therefore the behavior must be dictated by objective causes. In the present case, in the Court's opinion, there was the existence of objective elements of corporate crisis, unrelated to the entrepreneur's will, and having objective characteristics; for these reasons the Court accepted the appeal and quashed the challenged sentence.
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