The essay deals with the impact of the Covid-related health emergency on lease of commercial buildings agreements and lease of business units agreements, and discusses the techniques that could allow to charge the landlord/lessor - rather than just the tenant - with the costs of the lockdown (especially for those sectors directly involved in the interdiction of business activities). At the end of the investigation, it is concluded that, in our case, a feasible remedial technique is the one referred to in Article 1464 of the Italian Civil Code, regulating the effects of the partial impossibility of performance in contracts providing for mutual counterperformance. On the one hand, the provision seems suitable to regulate the cases of temporary impossibility in long-term contractual relationships; on the other hand, it regulates a remedial technique that is certainly balanced, justifying a fair reduction (quantified according to the concrete events relating the contract and not necessarily equal to the entire rental/leasing fee due) of the performance due in consideration of that which has become impossible.
|Translated title of the contribution||[Autom. eng. transl.] Commercial lease and business unit lease at the time of CoViD-19: what responses from the contract law system?|
|Number of pages||8|
|Journal||LA NUOVA GIURISPRUDENZA CIVILE COMMENTATA|
|Publication status||Published - 2020|
- Locazione commerciale
- Impossibilità sopravvenuta
- Affitto d'azienda