An appeals court overturned the judgment which opposed the eviction of a son, living in his late father's apartment. The lessor refused and took the descendant to court for eviction and payment of occupation compensation until the premises were vacated.

The son indicates that he immediately notified the death of his father, without the lessor coming forward for three years, and that he always paid the rent. For the Court of Appeal, the son does not prove his parentage, nor cohabitation prior to death and therefore the lease cannot be transferred to him.