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The deed of sale, which conferred a
Droit Immobilier

The deed of sale, which conferred a

📅 Decision of 07 December 2005🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 5 views📖 2 min read

The deed of sale, which conferred a right of habitation personally on the vendor and on her alone, did not entail a derogation from Article 632 of the Civil Code, which allows the holder of a right of habitation to reside there with their family, and the Court of Appeal rightly held that the vendor had not committed a fault by accommodating her son, her daughter and her grandson.

Reference decision: cc • N° 04-15.218 • 2005-12-07 • Consult the decision →

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

The situation

As the deed of sale, which conferred a right of habitation personally on the vendor and on her alone, did not entail a derogation from Article 632 of the Civil Code, which allows the holder of a right of habitation to reside there with their family, the Court of Appeal rightly held that the vendor had not committed a fault by accommodating her son, her daughter and her grandson.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with the statutory 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: 04-15.218
  • Court: Cour de cassation
  • Decision of: 07 December 2005

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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