Publication of the law Pinel: Bailiffs strengthened in their place alongside companies
Law No. 2014-626 of 18 June 2014 relating to handicrafts, trade and small enterprises was published in the Official Journal of 19 June 2014.
The National Chamber of Bailiffs fully shares the objectives set by the text, which creates favorable conditions for the development of small businesses across the country and creating jobs. It welcomes, in particular, the desire to secure the relationship between landlords and professionals tenants who truly contribute to improving the lives of trade and craft businesses.
To be welcomed, in particular, the inclusion in the law of the new requirement to prepare an inventory during each taking possession of the premises under a commercial lease, a professional lease or an exceptional lease. This inventory, which may be established by the parties or compulsorily by a bailiff in case of difficulties, reinforces the need for transparency in contractual relations and reduce the risk of litigation that penalize rental business.
In a difficult economic environment, this progress is an improved security for businesses. It also supports the bailiffs, a reference professional of the finding, in their support and expertise role to entrepreneurs.
The National Chamber of Bailiffs notes that this same text has opened the possibility of granting leave on commercial lease by registered letter with acknowledgment of receipt. This possibility may indeed create new litigation, whether on taking effective date of the leave or regular mail itself. In a field often marked by significant financial issues, the use of bailiff, recognized specialist of the commercial lease remains the best guarantee for legal certainty for businesses.
