Reference decision: cc • N° 90-12.818 • 1991-10-09 • View the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
Disputes relating to contractual liability incurred by a municipality by reason of the sale of plots comprised in a housing estate forming part of its private property fall within the jurisdiction of the ordinary courts, provided that the sale contract does not have as its object the execution of a public service and does not contain a clause exorbitant of the common law. This is the case with a dispute arising from such a sale, resulting from defects in a collective heating system which, serving the houses built on the sold plots, was located outside the housing estate and had been constructed under a public works contract.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly observe the statutory time limits for appeal
- Keep all your supporting documents (deeds, documents, correspondence)
- Anticipate: preventive advice is always cheaper 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.
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