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The bare owner who, upon the death
Droit Immobilier

The bare owner who, upon the death

📅 Decision of 09 December 2009🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 23 views📖 2 min read

The bare owner who, upon the death of the usufructuary and after the distribution of her estate, combines in his own person the capacities of usufructuary and bare owner of an agricultural property and thereby becomes full owner is nevertheless not barred from challenging the failure to comply with the provisions of Article 595, paragraph 4, of the Civil Code, since the merger in his own person of his mother’s person, by the mere fact of succession, does not extinguish his personal right to rely on the nullity of a rural lease granted by the usufructuary alone.

Reference decision: cc • No. 08-20.133 • 2009-12-09 • View the decision →

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

The situation

The bare owner who, upon the death of the usufructuary and after the distribution of her estate, combines in his own person the capacities of usufructuary and bare owner of an agricultural property and thereby becomes full owner is nevertheless not barred from challenging the failure to comply with the provisions of Article 595, paragraph 4, of the Civil Code, since the merger in his own person of his mother’s person, by the mere fact of succession, does not extinguish his personal right to rely on the nullity of a rural lease granted by the usufructuary alone.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly observe the statutory time limits for legal challenges.
  • 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: 08-20.133
  • Court: Cour de cassation
  • Decision of: 09 December 2009

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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