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Action for removal of clauses
Droit Immobilier

Action for removal of clauses

📅 Decision of 04 June 2014🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 7 views📖 2 min read

The action for removal of illicit or abusive clauses provided for by Article L. 421-6 of the Consumer Code is limited to contracts offered or intended solely for consumers. Consequently, a court of appeal that declares admissible an action for removal of clauses appearing in a contract offered or intended for non-professionals violates this provision.

Reference decision: cc • No. 13-13.779 • 2014-06-04 • Consult the decision →

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

The situation

The action for removal of illicit or abusive clauses provided for by Article L. 421-6 of the Consumer Code is limited to contracts offered or intended solely for consumers. Consequently, a court of appeal that declares admissible an action for removal of clauses appearing in a contract offered or intended for non-professionals violates this provision.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly observe the statutory time limits for appeals
  • Keep all your supporting documents (deeds, instruments, letters)
  • 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: 13-13.779
  • Court: Cour de cassation
  • Decision of: 04 June 2014

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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