With my girlfriend..., but not so close

The agreements in the pre-contract that are not reproduced in a sales contract are valid if the contract includes a clause confirming their survival.

Usually, when selling a property, the published deed represents the legal relationships between the parties. What happens when the sales agreement includes a clause confirming the survival of agreements from the pre-contract that are not reproduced in this deed?

A couple sets up an apartment in the basement of their residence for their daughter to live in with her partner. Twenty years go by, and the daughter and her partner buy the residence at a reduced price. Prior to signing the contract, the parties enter into an agreement stating that the father and mother will have the right to live in their apartment free of charge for their entire lives. However, if the father or mother dies, the surviving partner cannot live there with their girlfriend or boyfriend. Seven years pass, and the mother dies. Two months after her death, the father brings his new flame to spend the night at the residence, despite the opposition of his daughter and son-in-law.

The father goes to court* and requests that the agreement contained in the pre-contract be recognized as a right of use in his favor. In the meantime, the father marries his new flame and argues that she is no longer subject to the "girlfriend" clause as a result.

The judge rules that under the pre-contract, the father retains his right of use and enjoyment of the property and its accessories free of charge for his entire life. However, in this case, the parties have contractually restricted the scope of this right by conferring the right on two specific people, to the exclusion of any other person.

Therefore, the court concludes the validity of the pre-contract and considers that the phrase "to stay with his girlfriend or boyfriend" includes "respectively wife and husband, lover, partner". Thus, the father can continue to live in his home, but he must be a boyfriend, husband, lover, partner... elsewhere.