Reference decision: cc • N° 94-21.596 • 1998-02-10 • View the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
Having noted that the three accounts 'cabinet', 'co-ownership syndicate' and 'apartment management', opened by a company in the books of a bank, which could not have been unaware of the activities of that company, each had their own numbers and had operated simultaneously, that it was impossible for the bank to have been mistaken as to the nature and origin of the funds deposited in the 'co-ownership' and 'management' accounts by the company on behalf of its principals, and that it could not have been unaware of the FNAIM regulations making the guarantee granted to its members subject to the opening of third-party accounts, a court of appeal rightly decided that, for the 'co-ownership' and 'management' accounts, the company was acting only as agent for its clients, and that, in the absence of agreement from them, the agreement to merge or unify the three accounts, and, consequently, any set-off that might have resulted therefrom, was unenforceable against them.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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