Subject to cassation, the judgment which

This decision provides important insight into your property law rights. Here is what it changes for you.

The situation

A judgment is subject to cassation where it dismisses the contractor's claim for indemnity against his insurer for damage caused to third parties, on the grounds that no fault was proved and that cover was excluded for obligations accepted by the insured which were not incumbent upon him under statutory provisions, whereas the contractor, who carried out the works at the origin of the damage, is strictly liable for disturbances exceeding the normal inconveniences of neighbourliness.

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 bringing an action
• 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.