Aller au contenu principal
The increase in value due to the purchaser
Droit Foncier

The increase in value due to the purchaser

📅 Decision of 27 October 2016🔄 Updated on 12 October 2026⚖️ Cour de cassation👁️ 30 views📖 2 min read

The increase in value due to the purchaser under Article 1633 of the Civil Code, which did not enter into the sellers' estate, does not constitute a restitution but rather compensation for the loss suffered as a result of the eviction. Consequently, a notary may be ordered to compensate this loss and to indemnify the sellers in that respect.

Reference decision: cc • No. 15-21.495 • 27 October 2016 • View the decision →

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

The situation

The increase in value due to the purchaser under Article 1633 of the Civil Code, which did not enter into the sellers' estate, does not constitute a restitution but rather compensation for the loss suffered as a result of the eviction. Consequently, a notary may be ordered to compensate this loss and to indemnify the sellers in that respect.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly observe the statutory time limits for recourse
  • Keep all your supporting documents (titles, deeds, correspondence)
  • Anticipate: preventive advice is always cheaper 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.
→ Prendre RDV pour une consultation servitudes  |  → Browse all our legal articles

Legal information

  • Number: 15-21.495
  • Court: Cour de cassation
  • Decision of: 27 October 2016

Keywords

droit immobilierjurisprudencefoncier
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.

Book an appointment →

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.

★★★★★4.9/5 — Google Reviews

Does this affect you?

Consult Maître Zakine — lawyer, Doctor of Law. Fast, clear answer.

Book a consultation →

🔒 Confidential · No obligation

📬 Get legal updates

One legal analysis per week, straight to your inbox. Free, no spam.

🔒 1-click unsubscribe · GDPR compliant

★★★★★4.9/5 — Avis Google

Maître Zakine, Doctor of Law

Phone and video consultations available — Fast appointments

Book an appointment
First consultation 30 minutes — €45

🔒 Confidentiel • Sans engagement • Réponse rapide