Reference decision: cc • No. 98-22.664 • 2001-05-09 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
When two persons are mutually indebted to each other, a set-off operates between them extinguishing both debts. Consequently, the judgment must be quashed which, in order to dismiss the liability action brought by the lessor of commercial premises against his lawyer for not having filed in time a claim for payment of an occupation indemnity against a tenant company, which had obtained an order against him to pay an eviction indemnity, held that the lessor had not established that he could have received any sum from that company, which had been placed in judicial liquidation, whereas those two indemnities, arising from the situation created by the termination of the lease, were connected.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the statutory time limits for bringing claims
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Plan ahead: 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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