Reference decision: Court of Cassation • No. 90-15.469 • 1991-12-11 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The Law No. 67-3 of 3 January 1967 being applicable, the judgment must be quashed: the judgment, in order to order a property investment company to repair the consequences of defects affecting an exterior wall, held that although this wall does not fall within the scope of the decennial guarantee, the claim could be allowed on the basis of the ordinary law of sale, whereas Article 1641 of the Civil Code concerning the warranty against latent defects in the thing sold is inapplicable in the case of construction carried out under the specific regime for the sale of a building to be constructed provided for by Article 1601-1 of the same Code.
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.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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