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The parties to an instrument that constitutes
Droit Immobilier

The parties to an instrument that constitutes

📅 Decision of 25 July 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 26 views📖 2 min read

The parties to an instrument that constitutes an agreement for lease combined with an option to purchase the leased premises are bound by a lease as soon as the beneficiary of the promises has indicated his intention not to proceed with his acquisition project and the lease agreement has been performed, both by occupancy of the premises and by payment of rent.

Reference decision: Court of Cassation • No. 74-14.507 • 7 April 1976 • View the decision →

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

The situation

The parties to an instrument that constitutes an agreement for lease combined with an option to purchase the leased premises are bound by a lease as soon as the beneficiary of the promises has indicated his intention not to proceed with his acquisition project and the lease agreement has been performed, both by occupancy of the premises and by payment of rent.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Scrupulously observe the statutory time limits for appeals
  • Keep all your supporting documents (titles, deeds, letters)
  • 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: 74-14.507
  • 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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