Reference decision: Court of Cassation • No. 18-16.968 • 15 June 2022 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
In holding that a clause in a contract concluded between a professional and a consumer is unlawful, a court of appeal establishes the existence of a significant imbalance between the rights and obligations of the parties created by that clause to the detriment of the consumer, and rightly concludes that it is unfair within the meaning of Article L. 132-1 of the Consumer Code, in its version prior to that resulting from Ordinance No. 2016-301 of 14 March 2016
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Be proactive: 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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