Reference decision: cc • No. 91-21.226 • 1993-06-16 • View the decision →
This decision sheds important light on your property law rights. Here is what it changes for you.
The situation
The judgment must be quashed which, in order to reduce the damages awarded to the client, holds that while the sum fixed by the court is not disputed and is in accordance with the expert's valuation, the contractor nonetheless rightly argues that the client has been unjustly enriched, as the client would necessarily have borne an additional cost if the work had been properly carried out from the outset, while noting that the work had been carried out in such conditions that its demolition and reconstruction were required and that the sum adopted by the first judges corresponded to the cost of rebuilding the wall.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (title deeds, instruments, 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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