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The value of the elements of the business
Droit Immobilier

The value of the elements of the business

📅 Decision of 19 June 1991🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 20 views📖 2 min read

The value of the elements of the business used as the basis for calculating eviction compensation must be assessed, when eviction has not yet been carried out, as at the date on which the judges rule and without any need for revaluation. An appeal judgment that refers to the average turnover of a period by applying a proportion to the value adopted, while noting that turnover had increased sharply in subsequent years, must be quashed.

Reference decision: cc • No. 90-12.423 • 1991-06-19 • View the decision →

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

The situation

The value of the elements of the business used as the basis for calculating eviction compensation must be assessed, when eviction has not yet been carried out, as at the date on which the judges rule and without any need for revaluation. An appeal judgment that refers to the average turnover of a period by applying a proportion to the value adopted, while noting that turnover had increased sharply in subsequent years, must be quashed.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with the legal time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, 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: 90-12.423
  • Court: Cour de cassation
  • Decision of: 19 June 1991

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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