Reference decision: Court of Cassation • No. 68-11.379 • 1970-01-16 • View the decision →
This decision provides important clarification on your real estate law. Here is what it changes for you.
The situation
For the calculation of eviction compensation, the value of the elements of the business must be assessed at the time as close as possible to the eviction, without any revaluation. A judgment which, having estimated the real value of the business, taking into account its activity until the end of the lease, without taking into consideration the results of the following year, increases the compensation to restore the value of the business at the date closest to the eviction, is liable to be quashed.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the statutory deadlines for legal remedies
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Be proactive: 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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