Seised by a lessee of premises

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Seised by a lessee of commercial premises with a claim for compensation against those responsible for a loss affecting the leased premises, a court of appeal which finds that for several years no business had been operated on the premises, that the equipment present in the premises dated from a previous operation which had ceased several years earlier, that no development project of any kind was under way or about to commence, and that the lessee did not establish any real intention to resume the activity of its business, may, without infringing the principle of full compensation, apply a depreciation factor to the equipment present in the premises before the occurrence of the loss, holding that otherwise the lessee would benefit from unjust enrichment.

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 (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.