Provisions of the Decree of 30 September 1953

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

The situation

The provisions of the Decree of 30 September 1953 may only be invoked by the owner of the business operated on the premises. The judgment is legally justified which rejects the claim brought by the lease-manager of an educational business operated in part of a building and seeking to have the lease of premises located in another part of the same building declared governed by the provisions of the Decree of 30 September 1953, since the Court of Appeal finds that the lease-manager does not prove the existence in the leased premises of a business distinct from the one he operates under the lease-management contract.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly respect the legal deadlines for appeals
• Keep all your supporting documents (titles, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.