Property case law: analysis and practical advice

Application pratique:

The 1974 Court of Cassation decision confirms that a contractual clause requiring cancellation by formal notice sent by registered letter with a six-day waiting period must be strictly followed. The buyer's email cancellation is likely ineffective. To protect their position, the buyer should immediately send a registered letter of formal notice demanding delivery within six days, keep proof of postage, and only cancel if the supplier fails to comply. If the supplier sues, the buyer may otherwise be ordered to accept the kitchen and pay the full price.

Application pratique:

This case law shows that courts will enforce such procedural clauses strictly. The landlord's verbal cancellation does not meet the contractual requirements and may be treated as a breach of contract. The landlord should review the original order form, send a registered letter of formal notice to the supplier now if the contract is still in force, and preserve all correspondence. If the dispute escalates, the landlord may need to negotiate a settlement or risk being liable for the original boiler price plus damages.

Application pratique:

Following the 1974 decision, the co-owner's cancellation via WhatsApp is likely invalid because the order form required a registered letter of formal notice and a six-day cure period before cancellation. The co-owner should immediately send a registered letter of formal notice to the supplier, demanding delivery within six days, and retain the proof of sending. If the supplier does not comply, the co-owner may then lawfully cancel, but until then they risk being compelled to accept the door and pay the full contract price.