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The occupation indemnity is only due
Droit Immobilier

The occupation indemnity is only due

📅 Decision of 04 April 1991🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 23 views📖 1 min read

The occupation indemnity is payable only by the person who unlawfully remains in occupation of the premises.

Reference decision: Cass. Civ. • No. 89-16.973 • 1991-04-04 • View the decision →

This decision provides important clarification on your property law rights. Here is what it changes for you.

The situation

The occupation indemnity is payable only by the person who unlawfully remains in occupation of the premises.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the legal time limits 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.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 89-16.973
  • Court: Cour de cassation
  • Decision of: 04 April 1991

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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