Reference decision: cc • N° 24-15.820 • 2026-03-05 • Consult the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
Where, in proceedings brought by the lessor seeking a declaration that a forfeiture clause has taken effect due to non-payment of rent within one month of service of a formal notice to pay, the lessee raises a defence of non-performance, the judge must examine the merits of that defence, irrespective of whether the lessee has applied to the court for a grace period for payment within one month of service of the formal notice under Article L. 145-41 of the French Commercial Code
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Scrupulously respect legal time limits for appeals
- Keep all your supporting documents (title deeds, instruments, letters)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-min 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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