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The judgment which finds that on the date of
Droit Immobilier

The judgment which finds that on the date of

📅 Decision of 11 January 1989🔄 Updated on 15 October 2026⚖️ Cour de cassation👁️ 28 views📖 2 min read

The judgment which finds that on the date of the notice to quit, the three co-tenants to whom a commercial lease had been jointly and severally granted were alive, correctly holds that, in order to benefit from the status established by the decree of 30 September 1953, the condition of registration in the trade and companies register had to be satisfied by each of the co-holders of the lease and not by only one.

Reference decision: cc • No. 87-12.879 • 1989-01-11 • Consult the decision →

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

The situation

The judgment which finds that on the date of the notice to quit, the three co-tenants to whom a commercial lease had been jointly and severally granted were alive, correctly holds that, in order to benefit from the status established by the decree of 30 September 1953, the condition of registration in the trade and companies register had to be satisfied by each of the co-holders of the lease and not by only one.

What the law says

This decision confirms the fundamental principles of property law.

Points to note

  • 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: 87-12.879
  • Court: Cour de cassation
  • Decision of: 11 January 1989

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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