L'existence de l'obligation n'étant

Application pratique:

Under Article 809, paragraph 2, of the French Code of Civil Procedure (as confirmed by this 1998 Cour de cassation ruling), a judge can order an interim payment ('provision') on an urgent basis whenever the underlying debt is not seriously disputed, even if the final amount is still being argued over. The tenant should file a 'référé-provision' application before the juge des référés rather than waiting for a full hearing, attaching invoices, photos and expert estimates to prove the claim is not seriously contestable. This procedure typically produces a decision within weeks, not months, and the judge sets the provisional amount based on the evidence presented, not a definitive assessment of damages.

Application pratique:

Because the syndic has already admitted liability in writing, the existence of the obligation is not in dispute, which is exactly the situation this 1998 ruling addresses: the judge handling urgent applications can fix a provisional compensation amount without waiting for the insurer's full report. The co-owner should apply for an interim 'provision sur dommages' via référé, using the syndic's written admission and repair quotes as proof the claim isn't seriously contestable. This allows her to fund repairs quickly, with the final amount settled later once the complete loss assessment and any additional expert report are finished.

Application pratique:

This case law confirms that when liability itself is uncontested (here, the seller does not dispute the defect or the engineer's findings), a court can still award an interim payment under Article 809, paragraph 2, without resolving every detail of the final damages first. The buyer should instruct a lawyer to bring a référé-provision claim before the house's local Tribunal judiciaire, submitting the structural report and seller's admissions as evidence the debt is not seriously contestable. Acting quickly matters because structural issues can worsen; the buyer can use the interim provision to start repairs while the final compensation figure is determined in ordinary proceedings or through negotiation.