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The juge-commissaire seized by the
Droit Immobilier

The juge-commissaire seized by the

📅 Decision of 10 December 2025🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 46 views📖 2 min read

The juge-commissaire, seized by the lessor on the basis of Articles L. 622-14, 2°, of the Commercial Code, made applicable to judicial restructuring by Article L. 631-14 of the same Code and R. 622-13, paragraph 2, thereof, made applicable to judicial restructuring by Article R. 631-20, of an application to confirm the termination of the lease for non-payment of rents and charges relating to occupation after the opening judgment, must ensure, on the day it rules, that the said rents and charges remain unpaid.

Decision reference: cc • N° 24-20.714 • 2025-12-10 • View the decision →

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

The situation

The juge-commissaire, seized by the lessor on the basis of Articles L. 622-14, 2°, of the Commercial Code, made applicable to judicial restructuring by Article L. 631-14 of the same Code and R. 622-13, paragraph 2, thereof, made applicable to judicial restructuring by Article R. 631-20, of an application to confirm the termination of the lease for non-payment of rents and charges relating to occupation after the opening judgment, must ensure, on the day it rules, that the said rents and charges remain unpaid.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with statutory 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: 24-20.714
  • Court: Cour de cassation
  • Decision of: 10 December 2025

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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