Reference decision: Court of Cassation • No. 22-10.475 • 6 April 2023 • View decision →
This decision provides important clarification on your property law. Here is what it changes for you.
The situation
Proceedings, relating solely to the annulment of a notice refusing the renewal of a commercial lease and offering payment of eviction compensation, do not prevent an application for an expert assessment based on Article 145 of the French Code of Civil Procedure, before any trial, intended to gather the evidence necessary for evaluating and determining the eviction and occupation compensation, which the trial judge has not been seised of.
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, instruments, correspondence)
- Plan ahead: 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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