Reference decision: cc • No. 81-12.647 • 1983-01-25 • View the decision →
This decision provides important insight into your family and property rights. Here is what it means for you.
The situation
As a forfeiture clause must be invoked in good faith, the judges were able to reject a landlord's application seeking termination of the lease for breach of the building's co-ownership regulations, where they found that the tenant, having stood surety for the loan obtained by the landlord to acquire the building, with his business pledged as security, was repaying the annual loan instalments in the landlord's place and stead, and that the landlord's application — an attempt to recover business goodwill of substantial value without spending a penny — ran contrary to simple fairness.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly observe the statutory time limits for legal remedies
- Keep all your supporting documents (title deeds, legal instruments, correspondence)
- Plan ahead: preventive legal advice is always cheaper than litigation
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