Reference decision : cc • No. 82-14.855 • 2 October 1984 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The price of a lease being freely determinable upon its conclusion, the stipulation of a rent calculated as a percentage of the lessee's turnover, which constitutes a method of determining the rent, does not fall within the scope of Article 35 of the decree of 30 September 1953, which deems null and void any clauses, stipulations or arrangements that would have the effect of thwarting Article 28 of said decree regarding the revision of the price of a lease containing an index-linking clause.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly adhere to legal time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Plan ahead: preventive advice is always cheaper 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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