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A sliding scale clause does not
Droit Immobilier

A sliding scale clause does not

📅 Decision of 16 December 1998🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 24 views📖 2 min read

A sliding scale clause does not preclude the triennial revision provided for by Article 27 of the Decree of 30 September 1953, and the annual application of the construction cost index to the current rent must be distinguished from the revision.

Reference decision: Court of Cassation • No. 96-22.490 • 16 December 1998 • View the decision →

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

The situation

A sliding scale clause does not preclude the triennial revision provided for by Article 27 of the Decree of 30 September 1953, and the annual application of the construction cost index to the current rent must be distinguished from the revision.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

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

  • Number: 96-22.490
  • Court: Cour de cassation
  • Decision of: 16 December 1998

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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