Reference decision: Cour de cassation • No. 94-22.099 • 2 October 1996 • Consult the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
Under Article R. 261-24 of the French Construction and Housing Code, the completion or repayment guarantee ends upon completion of the building; such completion arises either from a declaration certified by a construction professional, or from a finding by a person appointed in accordance with Article R. 261-2. Therefore, a judgment that, based on an expert report, holds that the bank guarantee does not terminate because the building is not completed within the meaning of Article R. 261-1 of the French Construction and Housing Code, is liable to be quashed, whereas in this case the completion declaration made and certified by the architect had terminated the bank bond pursuant to Article R. 261-24 of the same Code.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with legal time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Be proactive: 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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