Tag: Case law

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A Small Debt, a Whole Home: France Tightens the Rules on Disproportionate Property Seizure (Cour de cassation, 21 May 2026)

Can a creditor force-sell your French home over a debt that is small next to its value? On 21 May 2026 the Cour de cassation reset how judges must answer - and it cuts both ways.

French Expropriation Ruling: Foreign Owners Can Add the Lost-Rent Indemnity on Appeal

A Cour de cassation ruling of 9 April 2026 confirms that a property owner expropriated in France can claim the indemnity for lost rental income for the first time on appeal — a useful procedural opening for any foreign owner of a let French property.

Congé pour Reprise: A Landlord’s Death Mid-Notice Voids It (2026 Ruling)

An elderly French landlady served notice to repossess her tenanted flat, then died before the preavis expired. Her son tried to step in. On 16 April 2026 the Cour de cassation said no — and drew the dividing line every cross-border landlord now needs to know.

France’s 120-Day Airbnb Cap: The Cour de cassation Closes the ‘Internship’ Loophole (Civ. 3e, 16 April 2026)

The Cour de cassation has ruled that a student internship — even one embedded in a university curriculum — does not count as a 'professional obligation' for the purposes of the 120-day annual cap on tourism rentals of a French primary residence. We unpack what the 16 April 2026 ruling closes off, what it leaves intact, and how it interacts with the Loi Le Meur tightening.

How a Tontine Clause Can Void Your French SCI (2026 Ruling)

The Cour de Cassation's 9 April 2026 ruling is a brutal warning to British couples holding a French property through a small SCI: a tontine clause that covers all the shares makes the SCI null from inception. We unpack the trap, the practical fix that preserves the tax-efficient outcome, and what to do if your existing statutes are at risk.

French Copropriété AGM: The 2-Month Contestation Clock (2026 Ruling)

The Cour de Cassation has just confirmed that the 2-month deadline to contest a French copropriete AGM decision runs from the day the registered letter was first presented at your address — even if you never picked it up. A procedural trap for non-resident British landlords, explained with the 16 April 2026 ruling and the wider French property timetable.