No criticism can be levelled at a

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

The situation

No criticism can be levelled at a Court of Appeal for having dismissed an action for nullity of a real property finance lease contract based on the absence of a clause allowing its early termination at the lessee's request, since a clause in the contract provided that the tenant could request termination of the lease at the end of each calendar half-year, subject to paying, as an agreed fixed indemnity, all rents remaining to run until the contractual expiry of the lease, and since this clause did not conflict with the rule of election between performance and termination, but merely determined the terms, freely agreed and not regulated by law, under which the tenant would have the right to request early termination of the agreement.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with statutory 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.