Reference decision: cc • N° 11-17.094 • 2012-10-24 • View decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
Exceeds its powers relating solely to the manner of exercise of joint ownership rights, the Court of Appeal, ruling in summary proceedings, which rules on the existence of the right of use and habitation that the surviving spouse, on the basis of Article 764 of the Civil Code, opposes to the other joint owners.
What the law says
This decision confirms the fundamental principles of property law.
Points to note
- Strictly comply with the legal time limits for appeal
- Keep all your supporting documents (titles, 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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