The completion guarantor who has indemnified

This decision sheds important light on your property law rights. Here is what it means for you.

The Situation

The completion guarantor who has indemnified the project owners and exercises its subrogated claim against their structural defects insurer, has no greater rights against that insurer than the policyholders themselves had. Therefore, this claim, deriving from the insurance contract, is subject to the two-year limitation period provided for by Article L.114-1 of the Insurance Code.

What the Law Says

This decision confirms the fundamental principles of property law.

Key Takeaways

• Strictly adhere to the statutory limitation periods for bringing claims.
• Keep all supporting documents (title deeds, contracts, correspondence).
• Be proactive: preventive advice is always less costly than litigation.

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.