Droit Immobilier

Seised of a claim for compensation for

📅 Décision du 21 February 1979⚖️ Cour de cassation📖 2 min de lecture

Seised of a claim for compensation for damage caused by a ball thrown by a friend with whom the victim was practising basketball, the trial judges may consider that the ball was, at the time of the accident, in the custody of the person who had thrown it and that there had not been, for the victim, an assumption of risk, since they note that the rules agreed between the players did not imply an exchange of the ball used from one to the other, but that each in turn took possession of it in order to attempt to put it into a basket fixed to the wall without the partner having to oppose it, that thus custody of the ball was entrusted alternately to one and then to the other for a longer or shorter period and that it was a peaceful game between two players.

Reference decision: cc • N° 77-12.878 • 1979-02-21 • View the decision →

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Seised of a claim for compensation for damage caused by a ball thrown by a friend with whom the victim was practising basketball, the trial judges may consider that the ball was, at the time of the accident, in the custody of the person who had thrown it and that there had not been, for the victim, an assumption of risk, since they note that the rules agreed between the players did not imply an exchange of the ball used from one to the other, but that each in turn took possession of it in order to attempt to put it into a basket fixed to the wall without the partner having to oppose it, that thus custody of the ball was entrusted alternately to one and then to the other for a longer or shorter period and that it was a peaceful game between two players.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Scrupulously comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Informations juridiques

  • Numéro: 77-12.878
  • Juridiction: Cour de cassation
  • Date de décision: 21 février 1979

Mots-clés

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

À propos de l'auteur

Maître Cécile Zakine — Avocate au Barreau des Alpes-Maritimes, Docteur en Droit. Chaque article de ce magazine est rédigé à partir de l'analyse d'une décision de jurisprudence réelle, commentée et mise en perspective par les équipes de Maître Zakine.

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