Reference decision : cc • No. 95-15.351 • 1997-05-22 • View the decision →
This decision provides important insight into your real estate law. Here is what it changes for you.
The situation
The judgment which declares admissible the action of a co-owners' association must be quashed, on the grounds that a summons in interim proceedings caused a new ten-year limitation period to run and that the managing agent was given authority "to initiate all proceedings until their conclusion in accordance with such terms as the co-ownership's lawyer deems appropriate", whereas, although the limitation period was interrupted for the defects mentioned in the interim summons for the duration of those proceedings, the authorisation must specify the defects for the repair of which it is given.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly observe the statutory time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Be proactive: preventive advice always costs less than litigation
For an analysis of your situation: 30-min 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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