Violates Articles 1674 and 1675 of the Civil Code

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

The situation

Violates Articles 1674 and 1675 of the Civil Code, by failing to establish the indivisibility between a building lease and a sale, and whereas the uncertainty must be assessed as at the date of completion of the sale, the Court of Appeal that holds that the deed contains a building lease and, at the end of the lease, a promise of sale, provides that, if the sale is completed, it will take place at a price equivalent to ten years' rent under the building lease, this clause making the two transactions inseparable, and that the residual price is calculated on the basis of revised rents conferring an aleatory character on the sale

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Strictly comply with statutory time limits for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice is always less costly than litigation

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