Reference decision: cc • No. 69-14.258 • 27 May 1971 • Consult the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
A trader who, as holder of shares in a construction company which is itself a co-owner of the building, is defendant to an action seeking to prohibit him from selling certain items pursuant to clauses of the co-ownership regulations, has standing to plead the nullity of those stipulations, deemed unwritten under Article 43 of the Law of 10 July 1965, a mandatory provision, because the restrictions thus imposed on co-owners' rights have no purpose other than to protect the interests of one of them and are therefore unrelated to the building's purpose.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the statutory time limits for legal action
- Keep all your supporting documents (title 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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