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The starting point of the limitation period
Droit Immobilier

The starting point of the limitation period

📅 Decision of 18 January 2018🔄 Updated on 13 October 2026⚖️ Cour de cassation👁️ 14 views📖 2 min read

The starting point of the limitation period for the claim for payment of the occupation indemnity based on Article L. 145-28 of the French Commercial Code is the day on which the tenant's right to an eviction indemnity is definitively established in principle, even if, subsequently, the landlord has exercised his right of retraction.

Reference decision: cc • No. 16-27.678 • 2018-01-18 • View the decision →

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

The starting point of the limitation period for the claim for payment of the occupation indemnity based on Article L. 145-28 of the French Commercial Code is the day on which the tenant's right to an eviction indemnity is definitively established in principle, even if, subsequently, the landlord has exercised his right of retraction.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory time limits for appeals.
  • Keep all your supporting documents (title deeds, instruments, correspondence).
  • Anticipate: preventive legal 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: 16-27.678
  • Court: Cour de cassation
  • Decision of: 18 January 2018

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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