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The application to set the amount of the
Droit Immobilier

The application to set the amount of the

📅 Decision of 07 September 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 15 views📖 2 min read

The application to set the amount of the agricultural rent may only be brought once the terms of the lease are no longer subject to any dispute. The decision which declares admissible the application to set the price of the renewed lease brought more than four years after the expiry of the lease is legally justified, provided that the notice to attend conciliation for setting the amount of the agricultural rent was given by the landlord immediately after the decision declaring the renewal to have been acquired, and that the procedure for setting the price was paralysed by the tenants who refused to accept the substitution of consolidated plots for the original plots and forced the landlords to bring fresh proceedings.

Reference decision: cc • No. 68-12.222 • 1970-01-05 • View the decision →

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

The situation

The application to set the amount of the agricultural rent may only be brought once the terms of the lease are no longer subject to any dispute. The decision which declares admissible the application to set the price of the renewed lease brought more than four years after the expiry of the lease is legally justified, provided that the notice to attend conciliation for setting the amount of the agricultural rent was given by the landlord immediately after the decision declaring the renewal to have been acquired, and that the procedure for setting the price was paralysed by the tenants who refused to accept the substitution of consolidated plots for the original plots and forced the landlords to bring fresh proceedings.

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 appeals
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Plan ahead: 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: 68-12.222
  • 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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