Reference decision: cc • N° 80-12.895 • 1981-10-27 • Consult the decision →
This decision provides important clarification on your property law. Here is what it changes for you.
The situation
Characterises the existence of a "popular movement", within the meaning of Article L 133-1° of the Code des communes and of a clause in an insurance contract covering the insured against resulting damage, the Court of Appeal which finds that the destruction and thefts committed by a group of men in 1975, to the detriment of the insured, were part of the overall plan of an organisation, which had manifested itself on numerous occasions since 1975, by creating disorder and violence. The second-instance court was therefore able to deduce from these findings that the action of which the insured had been a victim did not constitute an "act of sabotage or individual maliciousness", excluded from cover, but resulted from a "popular movement".
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the legal deadlines for bringing proceedings
- 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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