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No Fault Can Be Found with…
Droit Immobilier

No Fault Can Be Found with…

📅 Décision du 10 December 1986⚖️ Cour de cassation👁️ 24 vues📖 2 min de lecture

No criticism can be made of an order of a First President of a Court of Appeal for having applied the rules relating to taxation to determine the amount of the costs and fees of the interim administrator of a co-owned building, since that administrator, having been entrusted with his mission by judicial decision, had, on an occasional basis, the status of an auxiliary of justice within the meaning of Article 719 of the new Code of Civil Procedure.

Reference decision: cc • No. 85-14.078 • 1986-12-10 • View the decision →

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

The situation

No criticism can be made of an order of a First President of a Court of Appeal for having applied the rules relating to taxation to determine the amount of the costs and fees of the interim administrator of a co-owned building, since that administrator, having been entrusted with his mission by judicial decision, had, on an occasional basis, the status of an auxiliary of justice within the meaning of Article 719 of the new Code of Civil Procedure.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly adhere to statutory time limits for appeals
  • Keep all supporting documents (deeds, instruments, correspondence)
  • Plan ahead: preventive advice is always cheaper than a dispute

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Informations juridiques

  • Numéro: 85-14.078
  • Juridiction: Cour de cassation
  • Date de décision: 10 décembre 1986

Mots-clés

droit immobilierjurisprudenceimmobilier

Cas d'usage pratiques

1

Dispute over interim administrator's fees in co-ownership

You are a co-owner in a Parisian apartment building where the co-owners' association is deadlocked. The court has appointed an interim administrator to manage the building for six months, and you receive a bill for €3,500 as your share of the administrator's fees. You believe the fees are excessive and want to challenge them.

Application pratique:

According to the Court of Cassation decision of 10 December 1986, a court-appointed interim administrator is an 'auxiliary of justice', and their fees may be taxed by the court using taxation rules. This means the First President of the Court of Appeal can assess and fix the amount, and that decision is not open to criticism. You should request the court to tax the fees, providing evidence of any excessive charges, but be aware that the court's assessment is final.

2

Landlord challenging interim administrator's costs in rental block

You own three rental flats in a co-owned building in Lyon where an interim administrator was appointed by the court after repeated mismanagement. The administrator's total fees of €12,000 are allocated proportionally among co-owners, leaving you with a bill of €2,400. You argue that the administrator performed unnecessary tasks and the costs should be reduced.

Application pratique:

Under the 1986 ruling, the interim administrator is treated as an auxiliary of justice, and their fees are subject to taxation by the court. The First President of the Court of Appeal can determine the appropriate amount using rules similar to those for court-appointed experts. To challenge the fees, you must apply to the court for taxation, presenting detailed objections, but the court has wide discretion and its decision is not appealable on the merits.

3

First-time buyer facing interim administration costs in new flat

You recently bought your first flat in a co-ownership in Marseille, only to discover that an interim administrator has been in place for three months due to ongoing disputes among co-owners. You are now asked to pay €800 for your share of the administrator's fees incurred before your purchase, and you wonder if you can avoid this cost.

Application pratique:

The 1986 decision confirms that a court-appointed interim administrator is an auxiliary of justice, and their fees are taxed by the court. As a new owner, you are bound by the co-ownership's debts, including these fees, unless the sale contract specified otherwise. You should check the vendor's disclosure and seek reimbursement from the seller if the fees were not disclosed. To contest the amount, you can participate in the taxation process before the court, but the court's assessment is final.

Maître Cécile Zakine

À propos de l'auteur

Maître Cécile Zakine — Avocate au Barreau des Alpes-Maritimes, Docteur en Droit. Chaque article de ce magazine est rédigé à partir de l'analyse d'une décision de jurisprudence réelle, commentée et mise en perspective par les équipes de Maître Zakine.

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