The Forfeiture Clause Must Be Invoked in Good Faith

This decision sheds important light on your property law. Here is what it changes for you.

The situation

The forfeiture clause must be invoked in good faith; the court was able to dismiss the landlord's claim seeking termination of the lease for non-compliance with the co-ownership regulations, given that the tenant, having stood as guarantor for the loan obtained by the landlord for the acquisition of the building and having charged his business as security, repays the loan instalments in lieu of the landlord, and that the landlord's claim, which attempts to recover a valuable business without any outlay, is contrary to plain equity.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly adhere to statutory time limits for appeals
• Keep all your supporting documents (deeds, instruments, correspondence)
• Be proactive: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.