Reference decision: cc • No. 90-12.423 • 1991-06-19 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The value of the elements of the business used as the basis for calculating eviction compensation must be assessed, when eviction has not yet been carried out, as at the date on which the judges rule and without any need for revaluation. An appeal judgment that refers to the average turnover of a period by applying a proportion to the value adopted, while noting that turnover had increased sharply in subsequent years, must be quashed.
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Strictly comply with the legal time limits for appeals
- 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.
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