Reference decision: cc • No. 87-14.109 • 1989-03-01 • View the decision →
This decision provides important insight into your real estate law. Here is what it changes for you.
The situation
A Court of Appeal violates the provisions of Article 1134 of the Civil Code when it modifies the obligations imposed on the purchaser of a property by substituting for the establishment of a right of use and occupation in favour of the seller - a right in rem - a supplementary purchase price, thereby requiring the seller to enter into a contract on terms different from those stipulated in the agreement.
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)
- 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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