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There is occasion for liquidation of
Droit Immobilier

There is occasion for liquidation of

📅 Décision du 08 December 2005⚖️ Cour de cassation📖 2 min de lecture

There is occasion for liquidation of the penalty payment when the judge finds that the injunction accompanied by a penalty payment was executed late, regardless of whether that injunction was executed at the time the judge rules on the liquidation.

Reference decision: cc • N° 04-12.643 • 2005-12-08 • View the decision →

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

The situation

There is occasion for liquidation of the penalty payment when the judge finds that the injunction accompanied by a penalty payment was executed late, regardless of whether that injunction was executed at the time the judge rules on the liquidation.

What the law says

This decision confirms the fundamental principles of property law.

Points to note

  • Scrupulously 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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Informations juridiques

  • Numéro: 04-12.643
  • Juridiction: Cour de cassation
  • Date de décision: 08 décembre 2005

Mots-clés

droit immobilierjurisprudenceimmobilier

Cas d'usage pratiques

1

Landlord delays court-ordered repairs

A landlord in Paris rented a flat with a broken heating system. The local court ordered him to restore heating within 2 months or pay €100 per day of delay. He finally completed the works after 4 months, just before the tenant asked the judge to set the penalty amount.

Application pratique:

Even though the heating now works, the court can still liquidate the penalty because the order was executed late. The tenant should gather proof of the court order, the date works were actually finished, and file a request for liquidation. The landlord should pay the accrued penalty promptly to avoid further enforcement costs.

2

Seller delays signing final deed

A first-time buyer in Lyon signed a preliminary contract to buy a flat. The seller later refused to complete, so the court ordered him to sign the deed of sale within 6 weeks or pay €150 per day of delay. The seller signed after 3 months, but the buyer had already incurred extra rental costs.

Application pratique:

The buyer can ask the court to liquidate the penalty even though the sale is now completed, because the order was executed late. The penalty compensates for the delay, not the failure to act. The buyer should keep evidence of the missed deadline and the actual signing date, then request liquidation. This can offset extra costs like temporary accommodation.

3

Co-owners delay roof repair order

In a co-ownership building in Nice, the managing agent (syndic) was ordered by the court to repair a leaking roof within 30 days or pay €200 per day of delay. The repair was finally completed after 60 days, but the co-owners had to live with water damage.

Application pratique:

Despite the repair now being done, the court can still set the penalty amount because the deadline was missed. Any co-owner can request liquidation of the astreinte, which will be paid to the co-ownership. The syndic should proactively calculate and pay the accrued penalty to avoid further legal action.

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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