Reference decision: cc • No. 16-27.678 • 2018-01-18 • View the decision →
This decision provides important clarification on your property law. Here is what it changes for you.
The situation
The starting point of the limitation period for the claim for payment of the occupation indemnity based on Article L. 145-28 of the French Commercial Code is the day on which the tenant's right to an eviction indemnity is definitively established in principle, even if, subsequently, the landlord has exercised his right of retraction.
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).
- Anticipate: preventive legal 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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