Reference decision: cc • No. 92-16.473 • 1994-02-23 • Consult the decision →
This decision provides important insight into your property rights. Here is what it changes for you.
The situation
The Court of Appeal infringes Articles L. 412-8 of the Rural Code and Article 1583 of the Civil Code by declaring null and void the acceptance by the tenant of the conditions proposed for a parcel not subject to a lease, whereas the sale, by a single deed, of that parcel and of a parcel let under a lease, cannot deprive the holder of the right of pre-emption of his right to accept the offer to sell the parcel not subject to a lease.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (deeds, instruments, 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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