Tenant's Right of First Refusal Duration in Commercial Lease Renewal
Svizzera · Canton Ginevra (CH-GE)
Sintesi Legislator
Generato dall'IAThe dispute involved an appeal concerning the duration of a right of first refusal held by a tenant in a commercial lease, where the initial right was granted for a fixed term and subsequent renewals were contested as to whether they revived the right. The court reasoned that the right of first refusal, being a contractual stipulation, did not automatically extend beyond its explicitly defined fixed term simply because the main lease agreement was renewed, unless the renewal expressly or implicitly incorporated the original term-limited covenant into the new agreement, thus affirming the lower court's finding that the right had expired.
Regesto Legislator
Generato dall'IAArt. 93 BGG, Art. 107 al. 2 BGG, Art. 67 LTF; Tenant's Right of First Refusal Duration in Commercial Lease Renewal: The court reasoned that the right of first refusal, being a contractual stipulation, did not automatically extend beyond its explicitly defined fixed term simply because the main lease agreement was renewed, unless the renewal expressly or implicitly incorporated the original term-limited covenant into the new agreement, thus affirming the lower court's finding that the right had expired.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IADecisioni correlate
Generato dall'IAQuestioni giuridiche chiave estratte da Legislator
Generato dall'IAUsed to declare the appeal admissible.
Used to remit the case to the previous instance for a new decision on the merits.
Applied as the basis for awarding costs in the federal proceedings.
Testo completo
A/3105/2012
### [ATAS/324/2014](/apps/decis/fr/atas/show/1969664) du 19.03.2014 ( AVS ) , ADMIS/RENVOI
[](/apps/decis/fr/atas/file/2014/0003/ATAS_000324_2014_A_3105_2012.pdf)
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