Reference decision: cc • No. 04-16.297 • 2006-03-01 • View the decision →
This decision provides important clarification on your property law. Here is what it changes for you.
The situation
The delivery guarantor who indemnifies the purchaser of the building following the builder's default performs an obligation which is personal to him and cannot seek recourse against the surety of the guaranteed person, whose obligation is not of a certain character.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the legal time limits for recourse
- Keep all your supporting documents (titles, deeds, correspondence)
- Anticipate: preventive advice always costs less than a dispute
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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