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In the absence of an express clause, the
Droit Immobilier

In the absence of an express clause, the

📅 Decision of 07 December 2005🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 20 views📖 2 min read

In the absence of an express clause, the sale of a business does not automatically entail the transfer to the buyer of the liabilities for which the seller may be held due to obligations originally undertaken by him.

Reference decision: cc • N° 04-12.931 • 2005-12-07 • View the decision →

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

The situation

In the absence of an express clause, the sale of a business does not automatically entail the transfer to the buyer of the liabilities for which the seller may be held due to obligations originally undertaken by him.

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 supporting documents (title deeds, instruments, correspondence)
  • Plan ahead: preventive advice is always cheaper than litigation

For an analysis of your situation: 30-minute consultation for €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: 04-12.931
  • Court: Cour de cassation
  • Decision of: 07 December 2005

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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