Reference decision: cc • No. 05-14.971 • 2006-01-18 • View decision →
This decision provides important insight into your property law rights. Here is how it affects you.
The situation
By application of Article L. 261-13 of the Construction and Housing Code, purchasers of a building to be constructed who, in order not to pay the sums due under a formal notice to pay that has been served on them, raise a defence of non-performance, must apply to the court within one month to seek a suspension of the effects of the formal notice, failing which the resolutory clause is automatically triggered.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly observe the statutory time limits for seeking recourse
- Keep all your supporting documents (title deeds, contracts, correspondence)
- Plan ahead: preventive legal advice is always cheaper than litigation
For an analysis of your situation: 30-minute consultation for €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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