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The provisions of the Act of 31
Droit Immobilier

The provisions of the Act of 31

📅 Decision of 20 September 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 32 views📖 2 min read

The provisions of the Act of 31 December 1948, applicable to the overseas departments, under which tenants or occupants in good faith may claim the right to remain in the premises, regardless of the date of their entry into them, do not apply to tenants or occupants of buildings considered to be "new constructions".

Reference decision: cc • No. 66-13.501 • 1970-05-05 • View the decision →

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

The situation

The provisions of the Act of 31 December 1948, applicable to the overseas departments, under which tenants or occupants in good faith may claim the right to remain in the premises, regardless of the date of their entry into them, do not apply to tenants or occupants of buildings considered to be "new constructions".

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, deeds, correspondence)
  • Plan ahead: 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: 66-13.501
  • Court: Cour de cassation

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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