Décisions commentées en droit immobilier : bail, vente, copropriété, VEFA, construction, litiges — par Maître Cécile Zakine, Docteur en Droit
2933 articles trouvés
The Court of Cassation has ruled that if the landlord was not called to the deed of assignment as required by the lease, he may rely on this breach without prior formal notice, and the assignment cannot be regularised.
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A developer sells apartments off-plan, then mortgages the entire building. The notary executes the loans without checking the preliminary contracts already signed. The Court of Cassation holds the notary liable for fault: he should have known about the prior sales. Discover the consequences for buyers and tips to avoid being caught out.
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The Court of Cassation reminds that the value of the usufruct to be converted into full ownership must be assessed at the date closest to the conversion, not at the date of death. A crucial decision for surviving spouses and heirs.
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Date: 10/05/1989
A 1971 judgment of the Court of Cassation reminds that transfer duties payable upon the assignment of a commercial lease are governed by Article 1947-1 of the General Tax Code, and not by the former Article 1919 repealed in 1963. A decision that clarifies the obligations of assignors and assignees.
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This 1972 decision of the French Supreme Court clarifies the liability of a driver who did not hear the siren of an ambulance, even if the siren was sounding loudly. It reminds us that inattention can be a fault, but its unforeseeability for the priority driver may mitigate his liability. Useful for any driver faced with an emergency vehicle.
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The Court of Cassation reminds that a trade union's representativeness is assessed at the level of the establishment, not the entire company. A decision that protects locally active unions, such as in Colomiers or Castelnaudary.
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Technical analysis of the narcotraffic law of January 24, 2022, and its jurisprudential developments in July 2026, concerning the eviction of social housing tenants for drug trafficking. Study of evidence conditions, remedies, and legislative prospects.
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The Cour de cassation ruled in 2001 that no law allows a surviving spouse to convert their inheritance usufruct into capital. This decision, still applicable, has direct consequences for widows and widowers who hoped to obtain immediate liquidity. Discover why and how to anticipate this rule.
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Date: 20/11/2001
The Court of Cassation upholds a 40% deduction from the rental value of a hotel where the tenant has carried out fitting-out works without challenge to the premises’ monovalence. A key decision for owners and tenants of specialised premises.
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Date: 15/11/2000
The Court of Cassation reminds that the Tribunal de Grande Instance (TGI) has jurisdiction to rule on the validity of a clause assigning a commercial lease based on Article 35-1 of the Decree of 1953. A decision that changes the game for landlords and tenants in Avignon and elsewhere.
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Date: 20/03/1996
The Court of Cassation reminds that when a lawyer is called upon to complete a Court of Appeal or a tribunal, he must necessarily belong to the bar established before that court. A simple presumption exists if the contested decision states the lawyer's qualification without challenge.
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Technical analysis of the provisions of the narcotrafficking law of April 22, 2024, applicable in July 2026, relating to the eviction of social housing tenants for drug trafficking. Examination of the regime of automatic termination (résiliation de plein droit), accelerated procedures, and appeals, in light of recent case law.
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Maître Cécile Zakine, Docteur en Droit, intervient en droit immobilier dans toutes les Alpes-Maritimes. Consultez les pages dédiées par ville :
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