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The two-year limitation period
Droit Immobilier

The two-year limitation period

📅 Decision of 25 May 2023🔄 Updated on 9 October 2026⚖️ Cour de cassation👁️ 12 views📖 2 min read

The two-year limitation period applicable to an action for reclassification of a contract as a short-term commercial lease runs, even where there is a succession of separate contracts derogating from the provisions of the statutory commercial lease regime, from the conclusion of the contract whose reclassification is sought.

Reference decision: cc • No. 22-15.946 • 25 May 2023 • View the decision →

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

The situation

The two-year limitation period applicable to an action for reclassification of a contract as a short-term commercial lease runs, even where there is a succession of separate contracts derogating from the provisions of the statutory commercial lease regime, from the conclusion of the contract whose reclassification is sought.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly observe the statutory time limits for legal action.
  • Keep all your supporting documents (title deeds, instruments, correspondence).
  • Plan ahead: 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: 22-15.946
  • Court: Cour de cassation
  • Decision of: 25 May 2023

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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