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If the delegant's claim against the
Droit Immobilier

If the delegant's claim against the

📅 Décision du 14 February 2006⚖️ Cour de cassation👁️ 12 vues📖 2 min de lecture

If the delegant's claim against the delegate is extinguished only by the performance of the delegation, neither the delegant nor his creditors may demand payment before the delegate's default towards the delegatee; consequently, a third-party debt order served on the delegate by a creditor of the delegant cannot have the effect of depriving the delegatee, from acceptance, of his exclusive right to immediate payment by the delegate, without competition from the attaching creditor. An appellate court rightly held that the sums owed by the delegate to the delegant in respect of rent were not subject to attachment by the delegant's creditors, whose claim, remaining in his estate, becomes unavailable from the moment of acceptance by the delegatee.

Reference decision: cc • No. 03-17.457 • 2006-02-14 • Consult the decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

If the delegant's claim against the delegate is extinguished only by the performance of the delegation, neither the delegant nor his creditors may demand payment before the delegate's default towards the delegatee; consequently, a third-party debt order served on the delegate by a creditor of the delegant cannot have the effect of depriving the delegatee, from acceptance, of his exclusive right to immediate payment by the delegate, without competition from the attaching creditor. An appellate court rightly held that the sums owed by the delegate to the delegant in respect of rent were not subject to attachment by the delegant's creditors, whose claim, remaining in his estate, becomes unavailable from the moment of acceptance by the delegatee.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Scrupulously observe the statutory time limits for appeals
  • Keep all your supporting documents (deeds, instruments, correspondence)
  • Anticipate: 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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Informations juridiques

  • Numéro: 03-17.457
  • Juridiction: Cour de cassation
  • Date de décision: 14 février 2006

Mots-clés

droit immobilierjurisprudenceimmobilier

Cas d'usage pratiques

1

Landlord redirects rent to settle renovation debt

In Lyon, a landlord owes €15,000 to a builder for flat renovations. He instructs his tenant to pay the next three months’ rent (€1,500/month) directly to the builder. The tenant agrees, and the builder accepts. Later, a bank creditor of the landlord serves a third-party debt order on the tenant, aiming to seize the rent payments.

Application pratique:

Under this case law, once the builder (the delegatee) accepted the delegation, the rent money became unavailable to the landlord or his creditors. The bank’s attachment is ineffective. The builder should inform the tenant of the delegation’s legal effect and continue receiving payments. If challenged, the builder should file a motion to lift the seizure, citing the delegatee’s exclusive right to immediate payment.

2

First-time buyer inherits delegated rent to property manager

Alice, a first-time buyer in Marseille, purchases a flat with a sitting tenant. Unbeknownst to her, the previous owner had delegated six months of rent (€4,800 total) to a property management company for services. The tenant has been paying the manager directly. After the sale, Alice demands the rent, but the tenant insists on honouring the delegation.

Application pratique:

Because the delegation was accepted by the manager before Alice’s purchase, the tenant’s obligation is to pay the manager, not Alice, until the €4,800 is paid off. Alice cannot disrupt this arrangement. She should request the delegation agreement from the seller and the manager, then consider seeking compensation from the seller for non-disclosure. As the new owner, she must wait or negotiate a buyout of the remaining delegated amount.

3

Co-owner’s service charge delegation blocks ex-spouse’s seizure

In a Bordeaux condominium, a co-owner delegates her quarterly service charge payments (€600) to a plumber owed €2,400 for emergency repairs. Her ex-spouse, seeking alimony arrears, attempts to attach these service charge payments from the condominium association. The plumber worries about losing his payment.

Application pratique:

Once the plumber accepted the delegation, the service charge funds became exclusively his, shielded from the co-owner’s other creditors (including the ex-spouse). The condominium association, as delegate, must pay the plumber directly and disregard the attachment order. The plumber should immediately challenge the seizure in court, referencing the 2006 ruling that nullifies competing claims against delegated sums. Keeping a copy of the accepted delegation agreement is essential evidence.

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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