Reference decision: cc • N° 00-16.841 • 2002-02-06 • View the 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, having noted that the owners of the constructed buildings suffered material damage, non-pecuniary damage and loss of enjoyment due to delivery delays attributable to the insurance company's failure to comply with its contractual obligations, as guarantor of delivery at the agreed price, it proceeds to compensate this damage arising from the guarantor's personal fault, on the basis of Article 1147 of the Civil Code, without applying the guarantee limitations provided for by Article R. 231-11, paragraph 2, of the Construction and Housing Code in its version prior to the decree of 26 September 1989.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the statutory 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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