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Prohibited by the public policy provision
Droit Immobilier

Prohibited by the public policy provision

📅 Decision of 21 August 2026🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 9 views📖 2 min read

Prohibited by the public policy provision of Article 832 of the Rural Code, subleases, even partial ones, constitute in themselves a ground for termination of the principal contract. If, under Article 835 of the same Code and by way of derogation from Article 832, the tenant may, during the term of the lease, carry out exchanges or leases of plots which have the effect of ensuring better farming, this is on condition that they have been made with the prior consent of the lessor or, failing that, with the authorisation of the Agricultural Land Tribunal.

Reference decision: cc • No. 68-12.121 • 1970-06-10 • View the decision →

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

The situation

Prohibited by the public policy provision of Article 832 of the Rural Code, subleases, even partial ones, constitute in themselves a ground for termination of the principal contract. If, under Article 835 of the same Code and by way of derogation from Article 832, the tenant may, during the term of the lease, carry out exchanges or leases of plots which have the effect of ensuring better farming, this is on condition that they have been made with the prior consent of the lessor or, failing that, with the authorisation of the Agricultural Land Tribunal.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Scrupulously comply with the legal time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30 min 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: 68-12.121
  • 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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