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Droit Immobilier

After having noted that in the

📅 Décision du 29 October 1975⚖️ Cour de cassation👁️ 2 vues📖 2 min de lecture

After having noted that in the correspondence addressed to the municipality, owner of a building in which a business was operated, as in the deed placing this business under management, a notary specified that the city would regain full possession of the premises at the end of the lease, the trial judges, who find that the municipality, reclaiming the building for demolition, refused the tenant an eviction indemnity, legally justify the rejection of the liability claim brought by the said tenant against the notary, whom she accused of having breached his duty to advise by not informing her of her rights, since they consider that this tenant, who had the obligation to demonstrate that she was entitled to an eviction indemnity and that she had lost this right through the notary's fault, did not establish that the notary's actions could have caused her to lose this right.

Reference decision: cc • No. 74-12.704 • 1975-10-29 • View the decision →

This decision provides important insight into your property law. Here is what it changes for you.

The situation

After having noted that in the correspondence addressed to the municipality, owner of a building in which a business was operated, as in the deed placing this business under management, a notary specified that the city would regain full possession of the premises at the end of the lease, the trial judges, who find that the municipality, reclaiming the building for demolition, refused the tenant an eviction indemnity, legally justify the rejection of the liability claim brought by the said tenant against the notary, whom she accused of having breached his duty to advise by not informing her of her rights, since they consider that this tenant, who had the obligation to demonstrate that she was entitled to an eviction indemnity and that she had lost this right through the notary's fault, did not establish that the notary's actions could have caused her to lose this right.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the legal time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Plan ahead: 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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Informations juridiques

  • Numéro: 74-12.704
  • Juridiction: Cour de cassation
  • Date de décision: 29 octobre 1975

Mots-clés

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

À propos de l'auteur

Maître Cécile Zakine — Avocate au Barreau des Alpes-Maritimes, Docteur en Droit. Chaque article de ce magazine est rédigé à partir de l'analyse d'une décision de jurisprudence réelle, commentée et mise en perspective par les équipes de Maître Zakine.

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