JURITEXT000006956800 Généré par l'IA

Co-owner's Authority to Terminate Lease in Indivision

Numéro de cause JURITEXT000006956800

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-04-14

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A lessee, facing eviction after the sale of the building, challenged the validity of the notice to quit, arguing that the lessor, who was also the owner, lacked the authority to terminate the lease because the property had been subject to an indivision agreement among several co-owners. The Court of Cassation quashed the lower court's decision, reasoning that a single co-owner, even if merely representing a fraction of the indivision, possesses the necessary authority to manage the property and, as such, can validly give notice to quit to a tenant, provided such an act does not go beyond simple administration.

Regeste Legislator

Généré par l'IA

Co-owner's Authority to Terminate Lease in Indivision: The Court of Cassation quashed the lower court's decision, reasoning that a single co-owner, even if merely representing a fraction of the indivision, possesses the necessary authority to manage the property and, as such, can validly give notice to quit to a tenant, provided such an act does not go beyond simple administration.