Prohibited by the public policy provision

This decision sheds important light on your property law. Here is what it changes for you.

The situation

Prohibited by the public policy provision of Article 832 of the Rural Code, subleases, even partial ones, constitute in themselves a ground for termination of the principal contract. If, under Article 835 of the same Code and by way of derogation from Article 832, the tenant may, during the term of the lease, carry out exchanges or leases of plots which have the effect of ensuring better farming, this is on condition that they have been made with the prior consent of the lessor or, failing that, with the authorisation of the Agricultural Land Tribunal.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Scrupulously comply with the legal time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30 min consultation at €45 with Maître Zakine.