Reference decision: cc • N° 73-10.786 • 1974-05-21 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The occupation indemnity owed by a former tenant who can no longer claim the benefit of the legislation applicable to commercial leases must be set in accordance with the general law so as to compensate the full loss suffered by the owner who has been deprived of the free disposal of their property. It follows that Article 33 of the Decree of 30 September 1953, which establishes a two-year limitation period, does not apply.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the legal time limits for appeals
- Keep all your supporting documents (deeds, instruments, 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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