The provisions of article L

This decision provides important insight into your property law. Here's what it changes for you.

The situation

The provisions of article L. 421-6 of the Consumer Code concerning unfair terms have the objective of protecting the consumer against terms imposed by the trader and which give the latter an excessive advantage. Thus the Court of Appeal rightly held that the consumer associations' request for removal of a clause in a contract entered into between a non-professional and a consumer was inadmissible. Likewise the Court of Appeal rightly held that the consumer associations' claim against the company that published the model contract containing the challenged clause was inadmissible, as it had not entered into any contract with the consumer.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with statutory time limits for bringing claims
• Keep all your supporting documents (title deeds, contracts, correspondence)
• Plan ahead: preventive advice is always cheaper than litigation

For an analysis of your situation: 30-min consultation at €45 with Maître Zakine.