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The conditions of sufficient occupation
Droit Immobilier

The conditions of sufficient occupation

📅 Decision of 22 January 2003⚖️ Cour de cassation👁️ 21 views📖 2 min read

The conditions of sufficient occupation of premises required by the Act of 1 September 1948 to benefit from the right to remain in the premises are assessed not by reference to the purpose of the premises stipulated in the original contract, but by their actual use.

Reference decision: cc • N° 01-13.850 • 2003-01-22 • View the decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

The conditions of sufficient occupation of premises required by the Act of 1 September 1948 to benefit from the right to remain in the premises are assessed not by reference to the purpose of the premises stipulated in the original contract, but by their actual use.

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 bringing an appeal
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Be proactive: 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: 01-13.850
  • Court: Cour de cassation
  • Decision of: 22 January 2003

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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