Reference decision: cc • N° 04-15.218 • 2005-12-07 • Consult the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
As the deed of sale, which conferred a right of habitation personally on the vendor and on her alone, did not entail a derogation from Article 632 of the Civil Code, which allows the holder of a right of habitation to reside there with their family, the Court of Appeal rightly held that the vendor had not committed a fault by accommodating her son, her daughter and her grandson.
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Strictly comply with the statutory 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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