Décisions commentées en droit immobilier : bail, vente, copropriété, VEFA, construction, litiges — par Maître Cécile Zakine, Docteur en Droit
2941 articles trouvés
Can a co-owner oppose the removal of a right of way benefiting his unit, even if the condominium association accepts the end of the landlocked situation? The French Supreme Court answers yes, recognising a distinct interest to bring a third-party opposition.
Juridiction: cc
Date: 27/10/1993
The Court of Cassation reminds that a plot of land cannot be considered landlocked as a result of the regulatory obligations imposed on businesses regarding exits and passageways. Thus, an owner cannot demand a right of way over neighbouring land solely because his building must comply with fire safety standards.
Juridiction: cc
Date: 08/06/1988
Where, in the absence of a written agreement or where the agreement is silent, the parties to a public road haulage contract have not stipulated a notice period for termination, that period is fixed by a standard-form contract approved by decree issued pursuant to Article L. 1432-4 of the Transport Code. The provisions of Article L. 442-6, I, 5°, now Article L. 442-1, II, of the Commercial Code do not then apply. The same applies where the written agreement expressly refers to the clause of the standard-form contract fixing such a period. Where the parties have concluded a written contract stipulating the notice period for termination, the provisions of Article L. 442-1, II, of the Commercial Code are applicable. In such a case, the party terminating the contract who has granted its partner a notice period at least equal to that provided for in the standard-form contract in force at the date of notification of termination cannot incur liability under that provision.
Juridiction: cc
Date: 01/07/2026
The Court of Cassation reminds that a fixed-term professionalisation contract can only be terminated early in the event of gross misconduct or force majeure. The exclusion of the employee from the training body does not constitute a case of force majeure for the employer, who must continue to perform his obligations.
Juridiction: cc
Date: 31/10/2012
The Court of Cassation reminds us that an irregularity in a claim form does not automatically render the document void: the party invoking it must still prove that they suffered prejudice. Analysis of a landmark decision for landlords and tenants.
Juridiction: cc
Date: 08/06/1979
The French Supreme Court (Cour de cassation) reminds that a parent who fails to pay child maintenance for more than two months must prove that he or she is in absolute impossibility to pay. The creditor only needs to demonstrate that the debtor knew of the obligation and failed to perform it.
Juridiction: cc
Date: 19/01/2022
The Court of Cassation reminds that the primary fund which received the reimbursement request and gave its approval is solely responsible for payment, even if the insured person subsequently changes their affiliated fund.
Juridiction: cc
Date: 30/10/1974
The Court of Cassation reminds that a taxpayer may raise, for the first time before it, the irregularity of the tax adjustment procedure, even if not invoked before the lower courts. Important decision for the rights of defence in tax matters.
Juridiction: cc
Date: 13/02/1985
The Court of Cassation reminds that the order of speeches at trial is not a mere detail: if the parties' lawyers did not have the last word, the judgment may be annulled. This 1979 decision remains relevant to ensure fairness of proceedings.
Juridiction: cc
Date: 03/04/1979
The French Supreme Court clarifies that merely contradicting oneself to the detriment of another does not automatically constitute a bar to proceedings. A decision that protects parties from overly severe sanctions for procedural inconsistencies.
Juridiction: cc
Date: 27/02/2009
When criminal proceedings are extinguished by an amnesty, the defendant who has appealed the civil aspects of the judgment may still contest his guilt before the Court of Appeal. As long as the latter has not ruled, the judgment is not final and cannot be the subject of an application for revision.
Juridiction: cc
Date: 17/11/1997
The Court of Cassation reminds that the failure to inform the relatives of a patient hospitalised without consent justifies the immediate lifting of the measure, even if the spouse was informed but in conflict with the patient.
Juridiction: cc
Date: 18/12/2014
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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