Reference decision: cc • No. 13-24.270 • 2014-11-04 • Consult the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
When contracts including a finance lease are interdependent, the avoidance of the main contract is a prerequisite to the subsequent lapse of the lease contract. The appeal court therefore justified its decision by, in order to dismiss the application for a finding of lapse of a finance lease contract, recalling that the commencement of collective proceedings does not cause ongoing contracts to lapse and that the termination of the maintenance contract cannot be ordered in the absence of the company under judicial reorganisation.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly observe the statutory time limits for appeals
- Keep all your supporting documents (title deeds, deeds, 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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