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The lease subject to the commercial lease regime
Droit Immobilier

The lease subject to the commercial lease regime

📅 Decision of 06 April 2011🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 10 views📖 2 min read

The lease subject to the commercial lease regime that takes effect upon expiry of a derogatory lease may only bind those tenants who have actually remained and been left in possession, and not all the tenants under the derogatory lease

Reference decision: Court of Cassation • No. 10-11.846 • 6 April 2011 • View the decision →

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

The situation

The lease subject to the commercial lease regime that takes effect upon expiry of a derogatory lease may only bind those tenants who have actually remained and been left in possession, and not all the tenants under the derogatory lease

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly observe the legal time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, 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: 10-11.846
  • Court: Cour de cassation
  • Decision of: 06 April 2011

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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