Reference decision : cc • No. 24-19.356 • 2026-07-01
This decision provides important clarification on your property law. Here is what it changes for you.
The situation
Where, in the absence of a written agreement or where the agreement is silent, the parties to a public road haulage contract have not stipulated a notice period for termination, that period is fixed by a standard-form contract approved by decree issued pursuant to Article L. 1432-4 of the Transport Code. The provisions of Article L. 442-6, I, 5°, now Article L. 442-1, II, of the Commercial Code do not then apply. The same applies where the written agreement expressly refers to the clause of the standard-form contract fixing such a period. Where the parties have concluded a written contract stipulating the notice period for termination, the provisions of Article L. 442-1, II, of the Commercial Code are applicable. In such a case, the party terminating the contract who has granted its partner a notice period at least equal to that provided for in the standard-form contract in force at the date of notification of termination cannot incur liability under that provision.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with legal time limits for appeals
- Keep all your supporting documents (titles, deeds, correspondence)
- Anticipate: 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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