Reference decision: cc • No. 02-18.188 • 2004-01-23 • View decision →
This decision sheds important light on your real estate law. Here is what it changes for you.
The situation
According to Article L. 145-38 of the Commercial Code in its wording prior to Law No. 2001-1168 of 11 December 2001, applicable to the case, the rent under the lease cannot exceed the rental value. Therefore, a court of appeal was right to fix the rent of the revised lease at the amount of the rental value, i.e., at a sum lower than the current rent, without any material change in the factors of commerciality.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly observe the legal time limits for appeals
- Keep all your supporting documents (titles, deeds, correspondence)
- Anticipate: preventive advice always costs less than litigation
Besoin d'un conseil personnalisé ? Contactez Maître Zakine — première consultation 30 min à 45€.
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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