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The agreement is no less valid
Droit Immobilier

The agreement is no less valid

📅 Decision of 08 October 2009🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 9 views📖 2 min read

The agreement is no less valid even though the consideration is not expressed, with the result that the signatory of an acknowledgement of debt who, in order to dispute the existence of its consideration, claims that the sum mentioned therein was not handed over to him by its beneficiary, bears the burden of proving his allegations.

Reference decision: cc • N° 08-14.625 • 2009-10-08 • View the decision →

This decision sheds important light on your real estate law. Here is what it changes for you.

The situation

The agreement is no less valid even though the consideration is not expressed, with the result that the signatory of an acknowledgement of debt who, in order to dispute the existence of its consideration, claims that the sum mentioned therein was not handed over to him by its beneficiary, bears the burden of proving his allegations.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with the statutory time limits for legal action
  • Keep all your supporting documents (title deeds, instruments, 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: 08-14.625
  • Court: Cour de cassation
  • Decision of: 08 October 2009

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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