Reference decision: Court of Cassation • No. 09-72.679 • 16 June 2011 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
Violates Article L. 412-8 of the Rural Code a Court of Appeal which held that, in the absence of a contrary stipulation, a contract is intended to be formed not by the offeror's receipt of the other party's acceptance, but by that party's sending of the acceptance, whereas the formation of the contract is subject to the offeror's knowledge of the acceptance of the offer.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly observe the statutory time limits for legal remedies.
- Keep all your supporting documents (title deeds, 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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