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Protection in commercial leases

In the Italian legal system, commercial leases have a particular discipline. In fact, both the general rules on housing leases and the law n° 392 of 27 July 1978, from article 27 to article 42.


For commercial leases there are rules that regulate in particular the duration, the form, the renewal, the withdrawal, the sublease. There are also specific requirements that the parties must possess, the right of pre-emption and the right of redemption. What emerges clearly is the protection desired by the legislator in favor of the weaker party of the contract, that is the lessee, to protect him from possible speculative actions that the lessor could put in place. In this sense, reference is made to the eventuality that the lessor decides not to renew the contract to the lessee at the time of expiry, in order to unduly take over the activity carried out by the lessee, exploiting to all effects a commercial management already started and consolidated. In this case, a start-up indemnity is provided to protect the tenant.


You can confidently rely on our studio for the management of commercial leasing practices. We will be happy to support you in these important operations of your entrepreneurial path.


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