Reference decision: cc • No. 06-15.955 • 2007-06-14 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The insurance contract constitutes a consensual contract which is perfected as soon as the wills of the insurer and the insured meet. Thus, a court of appeal which, in order to dismiss a co-ownership syndicate's claim to be covered by its insurer for the awards made against it, states that no proof of insurance is provided, while at the same time noting that the insurer had sent that syndicate an insurance policy for signature, with the special conditions stating that the contract took effect on 1 April 1999 for a term ending on 1 April 2000, breaches Articles L. 112-2 and L. 113-15 of the Insurance 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 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.
→ Prendre RDV pour une consultation droit du travail |
→ Browse all our legal articles
