Reference decision: Court of Cassation • No. 02-14.500 • 13 November 2003 • View the decision →
This decision sheds important light on your real estate rights. Here is what it means for you.
The situation
The guarantor of delivery of an individual house may claim subrogation to the rights of the building owner to obtain payment for the repair of ten-year defects from the structural damage insurer, notwithstanding the builders' default.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the statutory limitation periods for claims.
- Keep all your supporting documents (title deeds, instruments, correspondence).
- Be proactive: preventive advice always costs less than a dispute.
For an analysis of your situation: 30-minute consultation for €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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