Reference decision: cc • No. 71-11.563 • 1972-10-25 • View the decision →
This decision provides important clarification on property law. Here is what it changes for you.
The situation
AN EXCLUSIVITY CLAUSE MUST BE INTERPRETED RESTRICTIVELY AND APPLY ONLY TO THE MAIN PERMITTED BUSINESS, TO THE EXCLUSION OF RELATED, COMPLEMENTARY OR ACCESSORY ACTIVITIES, UNLESS OTHERWISE AGREED OR IN SPECIAL CIRCUMSTANCES. THE JUDGES MAY CONSIDER THAT THE SALE, BY A BAKER TENANT, OF SWEETS AND CHOCOLATES, DOES NOT CONSTITUTE A BREACH OF THE NON-COMPETE CLAUSE STIPULATED IN FAVOUR OF ANOTHER TENANT HOLDING A GENERAL FOOD BUSINESS, TWO FOOD BUSINESSES INEVITABLY HAVING COMMON MARGINAL AREAS.
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Scrupulously observe the legal time limits for appeal
- Keep all your supporting documents (title documents, deeds, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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