Real Estate News Flash October 2014 – Altius
Do the mandatory provisions of the Law on Commercial Leases apply automatically to a “shop in a shop”?
More and more “shops in a shop” are appearing on the retail landscape. They can be organised as a truly separate shop or just a display of specific brand products amongst the other products, be it in shopping centres, department stores or just regular shops allocating some square meters to another (complimentary) brand. Regularly, parties to the contractual documentation for such a “shop in a shop” do not always expressly apply the provisions of the Law on Commercial Leases. Recently, the Belgian Supreme Court had to decide whether the mandatory provisions of the Law of 30 April 1951 on Commercial Leases automatically apply even though the parties did not provide for that law in the contractual documentation.
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