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In holding that the clause of a contract
Droit Immobilier

In holding that the clause of a contract

📅 Decision of 15 June 2022⚖️ Cour de cassation👁️ 31 views📖 2 min read

In holding that a clause in a contract concluded between a professional and a consumer is unlawful, a court of appeal establishes the existence of a significant imbalance between the rights and obligations of the parties created by that clause to the detriment of the consumer, and rightly concludes that it is unfair within the meaning of Article L. 132-1 of the Consumer Code, in its version prior to that resulting from Ordinance No. 2016-301 of 14 March 2016

Reference decision: Court of Cassation • No. 18-16.968 • 15 June 2022 • View the decision →

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

The situation

In holding that a clause in a contract concluded between a professional and a consumer is unlawful, a court of appeal establishes the existence of a significant imbalance between the rights and obligations of the parties created by that clause to the detriment of the consumer, and rightly concludes that it is unfair within the meaning of Article L. 132-1 of the Consumer Code, in its version prior to that resulting from Ordinance No. 2016-301 of 14 March 2016

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 (title deeds, deeds, correspondence)
  • Be proactive: 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: 18-16.968
  • Court: Cour de cassation
  • Decision of: 15 June 2022

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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