Other
French
ID: <
10670/1.d0bv5n>
Abstract
This publication is a note under a judgment of the Court of Cassation (Cass.3e civ. 7 November.2019, No 18-23259) from which it follows that an SCI which has as its object the investment and management of immovable property, in particular the letting of immovable property, must be regarded as a non-professional vis-à-vis an architect who is a construction professional. The SCI may therefore rely on the unfairness of a contractual term in order to obtain its annulment. The judgment states that a real estate agent is not a construction professional and that the professional is ‘the person who acts in the context of his main activity’.