Reference decision: Court of Cassation (cc) • No. 96-15.069 • 1998-04-07 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
Rightly decides to reject a claim for restitution of transfer duties paid by a company which, in execution of a reorganisation plan, acquired a business as a going concern at the end of a lease-management period, the Court finding that, even though preceded by a lease-management period, only the transfer occurring after that lease-management had effected a transfer of ownership and constituted the chargeable event for the tax.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with statutory appeal deadlines
- Keep all your supporting documents (deeds, instruments, 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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