Reference decision : cc • N° 75-11.882 • 1976-12-01 • Consult the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
The municipality which, having obtained the amicable transfer of a building forming part of the departmental private domain, which transfer was formally recorded by the expropriation judge, sets itself up as judge of the legal situation of a trader to whom the department had leased premises in that building, and provokes, through deliberately undertaken works, the trader’s departure in the absence of any proceedings and without any court ruling on his rights to a possible indemnity, the payment of which would have been a prerequisite to any taking of possession, thereby commits an act of flagrant illegality, for which the judicial courts have jurisdiction to ensure reparation for the harmful consequences.
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Scrupulously respect the statutory appeal periods
- Keep all your supporting documents (title deeds, 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.
→ Prendre RDV pour une consultation droit du travail |
→ Browse all our legal articles
