Abstract EN:

The principles applicable to any modification of the price of a commercial lease are regrettably paradoxical: whereas the correspondence between the rental value and the rent is insisted upon by French law, a series of exceptions have been devised in the course of time by legislators. They undermine this principle and reinforce the complexity of the system. The low level of modified rents derives from the state intervention and favours the key-money phenomenon. The conventional principles cannot evade legal restrictions, except for the takings clauses which enjoy a marginal practice established by jurisprudence. The bringing into play of a rent modification must respect the rules of over-subtle conciliatory or litigious procedures, however very often compulsory. Even if principles allow us to contemplate equitable rents, the just level of rents will not be easy to reach. To do so one will have first to handle property formalist imperatives. Experts will be then called forth and will apply their methods, having regard to legal criteria concerning rental value. The growing integration of France into the European union raises the question of the future of our rules. A comparison with other countries outlines the rigour of our regulations. A simple harmonising of our French system with a "European standard" is neither compulsory nor desirable. Nevertheless the various practices of our neighbours can indeed help us on the way of bettering our system. Besides the study of the 1993 and 1994 bills and the reformatory wishes expressed by theoreticians, priorities come to light to ensure the credibility of our system.