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The person who alleges the violation of
Droit Immobilier

The person who alleges the violation of

📅 Decision of 04 March 2021⚖️ Cour de cassation👁️ 30 views📖 2 min read

A person who alleges a violation of the right to respect for his private and family life and his home, guaranteed by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, must demonstrate a personal interest in bringing proceedings, by showing that he is a victim of the alleged violation. It follows that a landlord is not entitled to invoke a violation of the right to private and family life of his tenants.

Reference decision: cc • No. 20-11.726 • 2021-03-04 • View the decision →

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

The situation

A person who alleges a violation of the right to respect for his private and family life and his home, guaranteed by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, must demonstrate a personal interest in bringing proceedings, by showing that he is a victim of the alleged violation. It follows that a landlord is not entitled to invoke a violation of the right to private and family life of his tenants.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory time limits for bringing an action
  • 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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Legal information

  • Number: 20-11.726
  • Court: Cour de cassation
  • Decision of: 04 March 2021

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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