Reference decision: cc • No. 79-10.053 • 13 May 1980 • View the decision →
This decision provides important insight into real estate law. Here is what it means for you.
The situation
In life insurance, the insured may modify the beneficiary's name up until their death, and this modification is enforceable against the insurer provided it expresses the policyholder's intention in a certain and unequivocal manner, and the insurance company became aware of it before making payment of the capital sum. The Court of Appeal that requires the drafting of a policy endorsement to give effect to the substitution of beneficiaries expressed by the insured in a letter to their broker, and of which the insurer had knowledge, after the insured's death but before settling the subscribed capital, misconstrues Article 63 of the Law of 13 July 1930, now Article L 132-8 of the French Insurance Code.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Scrupulously respect legal time limits for appeals
- Keep all your supporting documents (deeds, instruments, correspondence)
- Plan ahead: 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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