Reference decision: cc • N° 90-17.727 • 1993-04-28 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
If, under article L. 112-6 of the Insurance Code, the insurer may raise against the holder of the policy or the third party claiming the benefit of it the defences available against the original policyholder, this provision does not authorise the liability insurer to deduct from the indemnity due to the victim the amount of premiums that had fallen due at the date of the loss and remained unpaid.
What the law says
This decision confirms the fundamental principles of property law.
Points to note
- Strictly observe the statutory time limits for legal recourse
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Plan ahead: preventive advice always costs less 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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