Reference decision: cc • N° 88-11.998 • 1989-10-11 • View the decision →
This decision provides important insight into your property law rights. Here is what it changes for you.
The situation
The law of 22 June 1982 applies to premises used for mixed professional and residential purposes, and such designation does not in itself imply an obligation to use the leased premises for each of the uses provided for by the agreement; the Court of Appeal, which, in order to exclude the application of this law, found that the purpose provided for by the lease was the tenant's personal residence with the possibility of carrying on his profession, and held that the tenant had not used the apartment for residential purposes, thereby violated Article 2 of that text.
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Strictly comply with the statutory time limits for legal remedies
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Plan ahead: preventive advice is always less expensive 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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