Reference decision: cc • No. 98-10.450 • 1999-07-13 • View decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
A court of appeal legally justifies its decision when, noting, on the one hand, that a general meeting of co-owners approved the accounts for the financial years during which the advances were granted by the managing agent, thereby necessarily ratifying them, and, on the other hand, that those advances were made under necessity for the account and in the exclusive interest of the co-ownership association for expenses essential to the life of the co-ownership, holds that the managing agent derives from the rules of agency and in particular Article 1999 of the Civil Code the right to reimbursement under the conditions of that article of advances made for the performance of his agency and orders reimbursement thereof.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the legal 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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