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If the franchise agreement is concluded
Droit Immobilier

If the franchise agreement is concluded

📅 Decision of 15 May 2024🔄 Updated on 9 October 2026⚖️ Cour de cassation👁️ 19 views📖 2 min read

If the franchise agreement is concluded in consideration of the person of the franchisor, however, the transfer of all the shares or stock of the franchisor company and changes in its directors, which do not entail any change in the legal entity in consideration of which the franchisee entered into the agreement and do not entail any assignment of the franchise agreement, do not require, unless otherwise agreed, the prior consent of the franchisees.

Reference decision: cc • N° 22-20.747 • 2024-05-15 • View the decision →

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

The situation

If the franchise agreement is concluded in consideration of the person of the franchisor, however, the transfer of all the shares or stock of the franchisor company and changes in its directors, which do not entail any change in the legal entity in consideration of which the franchisee entered into the agreement and do not entail any assignment of the franchise agreement, do not require, unless otherwise agreed, the prior consent of the franchisees.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • 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: 22-20.747
  • Court: Cour de cassation
  • Decision of: 15 May 2024

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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