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Trial judges who find that a
Droit Immobilier

Trial judges who find that a

📅 Decision of 25 July 2026🔄 Updated on 16 October 2026⚖️ Cour de cassation👁️ 12 views📖 2 min read

Trial judges who find that an intermediary intervened in the promise of sale of land "to give his agreement to the setting of the commission rate...... to the payment of which the seller bound himself on the day of signing the notarial deed" may infer that this undertaking had a synallagmatic character "in that it enshrined the parties' agreement on their reciprocal obligations" and thus escaped the formalities of Article 1326 of the Civil Code.

Reference decision: Cass. civ. • No. 68-14.471 • 23 February 1970 • View the decision →

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

The situation

Trial judges who find that an intermediary intervened in the promise of sale of land "to give his agreement to the setting of the commission rate...... to the payment of which the seller bound himself on the day of signing the notarial deed" may infer that this undertaking had a synallagmatic character "in that it enshrined the parties' agreement on their reciprocal obligations" and thus escaped the formalities of Article 1326 of the Civil Code.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly observe 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-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: 68-14.471
  • 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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