Cour de Cassation (France) 3 juillet 2002 - Damages for occupation of an immovable: ’culpa in contrahendo’ and unjustified enrichment under French and Spanish law - European Review of Private Law View Cour de Cassation (France) 3 juillet 2002 - Damages for occupation of an immovable: ’culpa in contrahendo’ and unjustified enrichment under French and Spanish law by - European Review of Private Law Cour de Cassation (France) 3 juillet 2002 - Damages for occupation of an immovable: ’culpa in contrahendo’ and unjustified enrichment under French and Spanish law 13 1

In this decision (Third Civil Division, 3 July 2002 RTD civ. 2002, 804 with ann. By Mestre and Fages) the French Supreme Court (Cour de Cassation) for the first time ruled that, in the case of negotiations for the sale of a building, the mere fact that one of the parties occupied the premises during these negotiations, even if this was with the owner?s consent, renders that party liable for payment of occupancy rent. This cannot be altered by the circumstance that the parties had abandoned their original plan by common consent or that liability for the fact that the contract did not come about cannot be specifically attributed to either of the parties.

European Review of Private Law