Reference decision: Court of Cassation • No. 16-16.815 • 23 November 2017 • View the decision →
This decision provides important guidance on your family and estate law rights. Here is what it means for you.
The background
Fails to provide a legal basis for its decision, having regard to Article 555 of the Civil Code and Article L. 411-50 of the Rural and Maritime Fishing Code, a court of appeal which holds that the landlord leaves with the tenant, for the duration of the lease, ownership of the works and plantations which the tenant has lawfully erected or planted, the aforementioned Article 555 being intended to govern their fate only upon expiry of the lease, without examining whether the plantations had not been made before the renewal of the leases, with the result that they would have become the property of the landlord upon that renewal
What the law says
This decision confirms the fundamental principles of French property law.
Key points to remember
- Strictly observe the statutory time limits for appeal
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Plan ahead: preventive legal advice is always less costly than a dispute
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