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For the calculation of eviction compensation
Droit Immobilier

For the calculation of eviction compensation

📅 Decision of 25 August 2026🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 16 views📖 2 min read

For the calculation of eviction compensation, the value of the elements of the business must be assessed at the time as close as possible to the eviction, without any revaluation. A judgment which, having estimated the real value of the business, taking into account its activity until the end of the lease, without taking into consideration the results of the following year, increases the compensation to restore the value of the business at the date closest to the eviction, is liable to be quashed.

Reference decision: Court of Cassation • No. 68-11.379 • 1970-01-16 • View the decision →

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

The situation

For the calculation of eviction compensation, the value of the elements of the business must be assessed at the time as close as possible to the eviction, without any revaluation. A judgment which, having estimated the real value of the business, taking into account its activity until the end of the lease, without taking into consideration the results of the following year, increases the compensation to restore the value of the business at the date closest to the eviction, is liable to be quashed.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory deadlines for legal remedies
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • 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: 68-11.379
  • 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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