If transfer by the lessee to a third party of the business carried on in the leased premises by the lessee himself or another is desired, the lessee may demand that he be authorized to substitute that third party as lessee.
The court shall decide with due regard to the circumstances of the case, with the understanding that it may grant the claim only if the tenant or the other person carrying on the business has an overriding interest in the transfer of the business, and that it shall always reject it if the proposed tenant does not offer sufficient guarantees for the full performance of the contract and for the proper conduct of the business.
The court may attach conditions to the authorization or impose a charge in the process.
Regulations based on this article (delegated regulations)
No
Policies and circulars that have this article as legal authority
No
Articles or similar text referring to this article
Civil Code Book 7
article: 291
(12-05-2021)
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Effective date |
Retroactivity |
Subject |
Signature |
Announcement |
Chamber documents |
Signature |
Announcement |
Note |
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new |
2002 |
2003 |
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