Unofficial translaction
Anyassignment of the lease should be communicated to the lessor by a bailiff’s writ ora
notification sent byany mean ensuring actual receipt by addressee, stating:
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the full identity of the assignee;
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hisaddress;
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And,as thecase may be,his registration number in theRegister of Commerce and
Securities.
ARTICLE 119–Absent the writ or notification pursuant to article 118 above, the assignment
shall be unenforceable against thelessor.
ARTICLE 120- When an assignment isnotified to the lessor, he shall have a period of one
month from the notification to oppose it, where necessary, and seize the competent court, ruling
expeditiously, by giving reasonable and legitimate reasons to raise an opposition.
Breach of the obligations of the lease by the lessee, and in particular, non-payment of rent,
constitutes a reasonable and legitimate reason to oppose theassignment.
Throughout the procedure, the assignor shall remain in the premises and remain liable for the
obligations under the lease.
When the assignment requires the agreement of the lessor, the latter shall have a period of one
month from the notification to communicate to the lesseehis acceptance or refusal. Passed this
deadline, the silence of the lessorshall entail acceptance of the assignment of lease.
ARTICLE 121-Unless otherwise provided in the lease, any total or partial sub-letting is
prohibited.
Incaseof an authorizedsublet, the lessor shall be informedby any written means.
Otherwise, the subletting shall be unenforceable.
ARTICLE 122-When the total or partial rent of the sublet is higher than that of the main lease,
the lessorshall have the option to require a corresponding increase in the rent under the main
lease, increase which, failing agreement between the parties, shall be set by a competent
court,ruling expeditiously,takingaccountparticularsreferred to in article 117 above.
CHAPTER VI: CONDITIONS AND FORMS OF RENEWAL
ARTICLE 123–A lessee who establishes having occupied the premises in accordance with the
terms of the lease and having conducted in the premises the enterprise provided for in the lease
for a minimum period of two years is entitled to renew either a fixed term or indefinite term
OHADA / Uniform Act / Unofficial Translations
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