Reference decision: Court of Cassation • No. 15-29.206 • 2017-03-16 • View the decision →
This decision provides important clarification on your property law. Here is what it changes for you.
The situation
The payment demand invoking the forfeiture clause does not have to be notified to registered creditors. The provisions of Article L. 622-23 of the Commercial Code, which require the judicial representative to be joined as a party, are not applicable to actions relating to rents due after the judgment opening the judicial recovery procedure.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Scrupulously comply with the statutory time limits for appeals
- Keep all your supporting documents (title deeds, acts, correspondence)
- Plan ahead: preventive advice is always cheaper 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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