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To determine the amount of the indemnity
Droit Immobilier

To determine the amount of the indemnity

📅 Decision of 25 August 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 51 views📖 2 min read

To determine the amount of the indemnity provided for by Article 8 of the Decree of 30 September 1953, the courts must assess the loss suffered by the tenant on the day closest to his eviction; pursuant to Article 20 of the same Decree, the lessee has the right to remain in the premises until payment of this indemnity; it follows that the tenant's claim cannot bear interest before he vacates the premises.

Reference decision: cc • N° 77-11.500 • 1978-10-17 • View the decision →

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

The situation

To determine the amount of the indemnity provided for by Article 8 of the Decree of 30 September 1953, the courts must assess the loss suffered by the tenant on the day closest to his eviction; pursuant to Article 20 of the same Decree, the lessee has the right to remain in the premises until payment of this indemnity; it follows that the tenant's claim cannot bear interest before he vacates the premises.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (titles, deeds, correspondence)
  • Plan ahead: 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: 77-11.500
  • 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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