Reference decision: cc • N° 99-10.362 • 2002-01-15 • View the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
An appellate court did not legally justify its decision when it held that a unilateral promise of sale, inserted in a memorandum of agreement comprising a set of reciprocal contractual obligations, was not subject to the registration formality prescribed by Article 1840 A of the General Tax Code, without having examined whether there was a necessary dependency link between those various reciprocal obligations likely to alter the characteristics of the promise of sale.
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Scrupulously comply with the 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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