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Under the sole article of the Act of 31 December 1973
Droit Immobilier

Under the sole article of the Act of 31 December 1973

📅 Decision of 03 August 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 24 views📖 2 min read

Pursuant to the sole article of the Act of 31 December 1973, the rent for leases renewed before the entry into force of the Decree of 3 July 1972 must be determined by reference to the higher amount resulting from the application of either Articles 2 and 3, or Article 7 of that decree. Where one of the coefficients used as the basis for this dual calculation has not been published in the Official Journal, the rent may only be calculated on the basis of the rental value.

Reference decision: Cass. • No. 76-12.957 • 1978-02-01 • View the decision →

This decision provides important insight into your property rights. Here is what it means for you.

The situation

Pursuant to the sole article of the Act of 31 December 1973, the rent for leases renewed before the entry into force of the Decree of 3 July 1972 must be determined by reference to the higher amount resulting from the application of either Articles 2 and 3, or Article 7 of that decree. Where one of the coefficients used as the basis for this dual calculation has not been published in the Official Journal, the rent may only be calculated on the basis of the rental value.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with statutory time limits for appeals
  • Keep all your supporting documents (title 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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Legal information

  • Number: 76-12.957
  • Court: Cour de cassation

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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