Category Archives: Non classé

Manager of his company and his SCI (society which hold a property), be careful to the confusion of your asset

Classical situation : a trader is manager of his professional company but also of the SCI which holds the property where there is the activity. In a very recent decision of January 2019, the Court of Cassation condemned a manager who had found a way to transfer money from his company with which he do […]

Reminder on the obligation to mention the surface area in a promise to sell

Once again, the Court of Cassation recalled the importance of the formalized during the drafting of a promise to sell and in particular the obligation to insert the area of ​​the property concerned. In a judgment of 22 November 2018 (judgment no. 17-23.366 Civ 3 published in the bulletin), the Court of Cassation stated that: […]

Reminder : no agency fees when exercising a premption right

The Court of Cassation has just rendered an important decision about the commissions of real estate agents when the tenant of a commercial lease asserts his right of pre-emption. Indeed, in a decision of June 28, 2018 (No. 17-14605), the third Civil Chamber has laid a stone more in the protection of the tenant against […]

Reimbursement of rents from an irregular airbnb rental

In recent years, companies such as Uber, Deliveroo or in this case, Airbnb, have become global behemoths disrupting the markets they occupy. Technological advances often have the advantage of offering a modern alternative, but sometimes with unexpected constraints. In the case of Airbnb, the illegal subletting by malignant tenants (or fraudulent according to the views) […]