Reference decision: Court of Cassation • No. 19-24.796 • 2021-10-20 • View decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The decision of the liquidator who, having been given formal notice to decide on the continuation of an ongoing contract pursuant to Article L. 641-11-1, III, 1° of the Commercial Code, expressly opts for the non-continuation of the contract, results in the automatic termination of that contract on the date of receipt of this decision by the counterparty, provided that this occurs within the one-month period provided for by that provision. This termination is enforceable against the party against whom the lapse of a contract is invoked, as a consequence of the prior nullification of an interdependent contract, without it being necessary for the liquidator's termination decision to be notified to that party.
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 appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Plan ahead: 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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