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Commercial leases at the time of Covid-19: the lessor was unable to collect checks to guarantee the rents.

  • 01/06/2020

The Court of Bologna, with decree n. 4976 of 12 May 2020 considered the fumus boni juris of the precautionary application of unheard of urgency to be a different part with which the tenant of commercial property asked to inhibit the landlord from collecting the bank checks to guarantee the regular payment of rental fees, on the assumption of impossibility of payment as a result of the closure of the business activity provided for by the restrictive measures in force to combat the pandemic from Covid -19, and this pending verification of the outcome of negotiations between the parties and each detailed assessment of the arguments made on the legal and factual profiles and on the reconstructive hypotheses in law, also in light of what will be exposed by the owner of the commercial fund.

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