Reference decision: Cass. • No. 05-11.509 • 2006-03-29 • View decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
The penalty clause provided for in the contract in the event of delay expires upon delivery and not upon the lifting of reservations recorded at acceptance, delivery being distinct from acceptance. The provisions of Article L. 231-6 IV of the French Construction and Housing Code extending the warranty until the date of acceptance do not apply to delay penalties.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly comply with legal appeal deadlines
- Keep all your supporting documents (deeds, instruments, correspondence)
- Plan ahead: preventive advice is always cheaper than a dispute
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.
→ Prendre RDV pour une consultation droit du travail |
→ Browse all our legal articles
