Termination clause and waiver of the lessor

Civil. 3rd., October 22, 2020, n° 19-19.542 FS-PBI.

Under the terms of a judgment delivered on October 22, 2020, the Court of Cassation specifies that a lessor who has requested and obtained the acquisition of a termination clause under the terms of a decision that has become final, can no longer, in the event of non-compliance by the lessee with the payment deadlines conditioning the suspension of the effects of the termination clause, unilaterally request the execution of the terminated lease.

In other words, although the resolutory clause is acquired by the lessor (in this case by means of an interim order that has become final), it is not, in its implementation, within its discretionary power.  

If the lessor can freely decide not to request the application of this clause, which is stipulated for its exclusive benefit, once it has requested it and a court decision that has become final has right, it is then no longer in his power to waive it.

It is a new limit to the powers of the lessor which is thus brought.