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Seised of a claim for reinstatement
Droit Immobilier

Seised of a claim for reinstatement

📅 Decision of 18 May 1989🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 35 views📖 2 min read

Seised of a claim for reinstatement and damages brought by a tenant evicted by the landlord's exercise of the right of repossession and based on the landlord's failure to comply with the conditions of such repossession, the courts are not required to order reinstatement and have absolute discretion to determine the most appropriate form of compensation.

Reference decision: Court of Cassation • No. 87-17.780 • 1989-05-18 • View the decision →

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

The situation

Seised of a claim for reinstatement and damages brought by a tenant evicted by the landlord's exercise of the right of repossession and based on the landlord's failure to comply with the conditions of such repossession, the courts are not required to order reinstatement and have absolute discretion to determine the most appropriate form of compensation.

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.

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

  • Number: 87-17.780
  • Court: Cour de cassation
  • Decision of: 18 May 1989

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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