Reference decision: cc • No. 88-19.642 • 1990-05-03 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The Court of Appeal legally justified its decision under Article 1792 of the Civil Code, as amended by the Law of 4 January 1978, by holding, in order to condemn a builder on the basis of the ten-year guarantee, that the renovation works on a building included the application of an external render intended to form a waterproof protective layer, the cracking of which caused water ingress, these works concerning a constituent element of the structure and the defects rendering it unfit for its intended purpose.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with legal time limits for appeals
- Keep all your supporting documents (title deeds, deeds, 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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