Reference decision: cc • No. 96-18.096 • 1998-10-07 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The trial judges have sovereign power to ascertain the common intention of the parties, when this is made necessary by the ambiguity of the situation created. This is the case with the ambiguity resulting, following a fire in a building forming part of a co-ownership, having caused damage both to the common parts and private units of the co-ownership and to installations belonging to a third-party organisation, from the identity of the damage assessment proposed by the insurer of the co-ownership and accepted by it, subject however to the possible claim of the third-party organisation, with the amount of the indemnity for which the co-ownership gave discharge to the insurer.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with legal time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Be proactive: preventive advice always costs less than litigation
For an analysis of your situation: 30-min 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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