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In the absence of any specific provision,
Droit Immobilier

In the absence of any specific provision,

📅 Decision of 09 November 1988🔄 Updated on 12 October 2026⚖️ Cour de cassation👁️ 13 views📖 1 min read

In the absence of any specific provision, the right of use and habitation is limited to what is necessary for the habitation of the person to whom it is granted and their family.

Reference decision: cc • No. 86-19.441 • 1988-11-09 • Consult the decision →

This decision provides important insight into your property law. Here is what it changes for you.

The situation

In the absence of any specific provision, the right of use and habitation is limited to what is necessary for the habitation of the person to whom it is granted and their family.

What the law says

This decision confirms the fundamental principles of property law.

Points to note

  • Strictly comply with the statutory time limits for lodging appeals
  • Keep all your supporting documents (titles, deeds, correspondence)
  • Be proactive: preventive advice always costs less than litigation

For an analysis of your situation: 30-min 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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Legal information

  • Number: 86-19.441
  • Court: Cour de cassation
  • Decision of: 09 November 1988

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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