Reference decision: Court of Cassation • No. 88-11.435 • 31 May 1989 • View the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
In the absence of a contractual link binding it to the building contractors, the co-owners' association is not entitled to bring an action against them for repair of defects affecting the building, on the basis of contractual liability under ordinary law.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly comply with the statutory time limits for bringing an action
- Keep all your supporting documents (title deeds, contracts, correspondence)
- Plan ahead: preventive advice always costs less than litigation
For an analysis of your situation: 30-min consultation for €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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