Reference decision: French Court of Cassation • No. 90-16.346 • 29 January 1992 • View the decision →
This decision provides important insight into your property rights. Here is what it means for you.
The situation
The sub-tenant of a lessee under an emphyteutic lease cannot obtain the benefit of commercial lease status and the payment of an eviction indemnity by claiming that he was misled by appearances, believing that he held his lease from the owner of the building, when the situation could have been verified at the mortgage registry where the lease had been recorded, and when it emerged from other factual circumstances that the capacity of emphyteutic lessee could not have been ignored.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly comply with statutory time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Plan ahead: 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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