Reference decision: cc • N° 04-18.096 • 2006-02-08 • View decision →
This decision provides important clarification on your property law. Here is what it changes for you.
The situation
The exception of nullity can only be raised to defeat a claim for performance of a legal act that has not yet been performed. Therefore, a court of appeal violates the principle that the exception of nullity is perpetual by applying it when it upholds an exception of nullity concerning an agricultural lease which it had found to have been performed.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Scrupulously observe the legal time limits for appeals
- Keep all your supporting documents (titles, deeds, correspondence)
- Anticipate: preventive advice is always cheaper 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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