Reference decision: cc • No. 68-14.339 • 1970-03-16 • Consult the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The shopkeeper, private owner of his premises, who has had the grille in front of his shop repaired and can normally only run his business if it is in place, has use and control of it. Thus, proof being made that he has custody of this grille, it matters little whether the grille constitutes a private part or a common part of the building. He is therefore liable under the first paragraph of Article 1384 of the Civil Code for a customer falling on the said grille.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with legal time limits for appeals
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Anticipate: preventive advice is always cheaper 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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