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Unless there is an express clause to the contrary, in
Droit Immobilier

Unless there is an express clause to the contrary, in

📅 Decision of 18 January 2018🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 17 views📖 2 min read

Unless there is an express clause to the contrary, by virtue of his obligation to deliver possession, the lessor is required to bear the cost of the works necessary for the activity stipulated in the lease. He is not exempted from this if the lessee entrusted these works to a property developer.

Reference decision: cc • No. 16-26.011 • 2018-01-18 • Consult the decision →

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

The situation

Unless there is an express clause to the contrary, by virtue of his obligation to deliver possession, the lessor is required to bear the cost of the works necessary for the activity stipulated in the lease. He is not exempted from this if the lessee entrusted these works to a property developer.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for appeals
  • 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: 16-26.011
  • Court: Cour de cassation
  • Decision of: 18 January 2018

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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