Disputes relating to liability

Application pratique:

Because the sale contract was purely private with no public service clause, this dispute falls under ordinary court jurisdiction, as confirmed by the 1991 Cour de cassation decision. The couple should immediately notify the commune in writing, compile all deeds, photos, and expert reports, then file a contractual liability claim before the tribunal judiciaire rather than the administrative court. Acting quickly is essential as the five-year limitation period for contract claims runs from the discovery of the defect.

Application pratique:

The sale contract does not involve a public service and contains no exorbitant common law clauses, so the ordinary courts are competent. The landlord should urgently gather the original sale deed, all correspondence with the commune and tenants, drainage inspection reports, and proof of lost rental income. A claim for contractual liability and damages must then be brought before the tribunal judiciaire, not the administrative court, with strict adherence to the applicable limitation period.

Application pratique:

As the plot sales were private contracts without any public service mission or exorbitant clauses, the 1991 precedent confirms that ordinary courts have jurisdiction over this contractual breach. The co-owners' association should send a formal notice to the commune, document all failures with dated photographs and expert valuations, and initiate proceedings before the tribunal judiciaire for breach of contract and damages. Preserving the original deeds and any communal minutes referring to the maintenance obligation is critical.