The unilateral withdrawal by a tenant and the penalty clause concerned the Sentence of the Supreme Court March 18, 2016

Authors

  • ROSANA PÉREZ GURREA

Keywords:

Unilateral withdrawal, Lease, Penalty clause, Judicial moderation, Supreme Court Case Law

Abstract

This paper analyses the unilateral withdrawal of the tenant of business local and its consequences with regard to the Sentence of the Supreme Court of March 18, 2016 by which states that in leases business premises if the tenant gives up the contract before completion without any clause providing that possibility without the landlord accepts the withdrawal, it must pay all the rents owed. Considering also that since it is not compensation for damages, it is not possible a judicial moderation of the amount.

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Published

2016-08-31

Issue

Section

ESTUDIOS JURISPRUDENCIALES: DERECHO CIVIL. OBLIGACIONES Y CONTRATOS (2013-2021)

How to Cite

The unilateral withdrawal by a tenant and the penalty clause concerned the Sentence of the Supreme Court March 18, 2016. (2016). Critical Review of Real Estate Law, 756, 2281 a 2297. https://revistacritica.es/rcdi/article/view/1382