The Absence of a Signature on the Descriptive Notice

Application pratique:

The 1986 Court of Cassation decision confirms that absence of signature on the descriptive notice does not make the CCMI null. Sophie cannot cancel the contract on this ground alone. She should continue with the project, but may inspect the notice and challenge any discrepancies through other legal channels, such as requesting corrections or claiming for non-conformity if works differ. Keep all correspondence and consult a property lawyer before taking further action.

Application pratique:

This case law establishes that the unsigned descriptive notice does not trigger nullity. Marc can rely on this decision to enforce the contract and demand payment from the client. He should formally respond in writing citing the 1986 ruling, and if necessary, initiate legal proceedings for breach of contract. Keeping a copy of the signed main contract and all related documents will strengthen his position.

Application pratique:

The decision means Jean cannot use the unsigned descriptive notice as a ground for nullity to escape the contract. He remains legally bound unless he can prove another valid reason for cancellation, such as a cooling-off period breach or a serious defect. Jean should consult a French property lawyer immediately to review the contract and explore options like negotiating a mutual termination or finding alternative financing.