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The price of a lease may be
Droit Immobilier

The price of a lease may be

📅 Decision of 02 October 1984🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 9 views📖 2 min read

The price of a lease being freely determinable upon its conclusion, the stipulation of a rent calculated as a percentage of the lessee's turnover, which constitutes a method of determining the rent, does not fall within the scope of Article 35 of the decree of 30 September 1953, which deems null and void any clauses, stipulations or arrangements that would have the effect of thwarting Article 28 of said decree regarding the revision of the price of a lease containing an index-linking clause.

Reference decision : cc • No. 82-14.855 • 2 October 1984 • View the decision →

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

The situation

The price of a lease being freely determinable upon its conclusion, the stipulation of a rent calculated as a percentage of the lessee's turnover, which constitutes a method of determining the rent, does not fall within the scope of Article 35 of the decree of 30 September 1953, which deems null and void any clauses, stipulations or arrangements that would have the effect of thwarting Article 28 of said decree regarding the revision of the price of a lease containing an index-linking clause.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly adhere to legal time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, 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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Legal information

  • Number: 82-14.855
  • Court: Cour de cassation
  • Decision of: 02 October 1984

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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