Aller au contenu principal
The conditions of validity of a
Droit Foncier

The conditions of validity of a

📅 Decision of 07 October 1980🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 21 views📖 2 min read

The conditions of validity of a contract and the consequences of its nullity are governed by the law in force on the day it was entered into. Consequently, the decree of 29 March 1976, which amended Article R 214-2 of the Urban Planning Code by removing, for the beneficiary of a pre-emption right over a building located in a deferred development zone, the ability to exercise this right by substitution for the purchaser, is not applicable to a sale prior to its promulgation.

Reference decision: cc • N° 79-12.267 • 1980-10-07 • View the decision →

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

The situation

The conditions of validity of a contract and the consequences of its nullity are governed by the law in force on the day it was entered into. Consequently, the decree of 29 March 1976, which amended Article R 214-2 of the Urban Planning Code by removing, for the beneficiary of a pre-emption right over a building located in a deferred development zone, the ability to exercise this right by substitution for the purchaser, is not applicable to a sale prior to its promulgation.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the 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 min consultation at €45 with Maître Zakine.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
→ Prendre RDV pour une consultation servitudes  |  → Browse all our legal articles

Legal information

  • Number: 79-12.267
  • Court: Cour de cassation
  • Decision of: 07 October 1980

Keywords

droit immobilierjurisprudencefoncier
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.

Book an appointment →

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.

★★★★★4.9/5 — Google Reviews

Does this affect you?

Consult Maître Zakine — lawyer, Doctor of Law. Fast, clear answer.

Book a consultation →

🔒 Confidential · No obligation

📬 Get legal updates

One legal analysis per week, straight to your inbox. Free, no spam.

🔒 1-click unsubscribe · GDPR compliant

★★★★★4.9/5 — Avis Google

Maître Zakine, Doctor of Law

Phone and video consultations available — Fast appointments

Book an appointment
First consultation 30 minutes — €45

🔒 Confidentiel • Sans engagement • Réponse rapide