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If the legal personality of a

Reference decision: Cass. • No. 09-10.982 • 2010-02-10 • View the decision →

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

The situation

If the legal personality of a dissolved company subsists as long as its corporate rights and obligations have not been wound up, the closure of the winding-up relieves the creditor of the need to establish that the corporate assets are insufficient to satisfy his claim.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

Strictly comply with the statutory time limits for appeal
Keep all your supporting documents (title 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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Cas d'usage pratiques

Landlord claims hidden defect compensation from dissolved SCI

In Lyon, a landlord bought a residential building in 2020 for €250,000 from an SCI (French property-holding company). The SCI was dissolved and its winding-up closed in 2021. In 2023, severe dampness discovered costs €15,000 to repair.

Application pratique:

Under the 2010 Court of Cassation ruling, after winding-up closure you can directly pursue the former shareholders without proving the SCI's assets were insufficient. Gather the purchase deed, expert report on dampness, and repair quotes. Notify the former shareholders by registered letter within 2 years of discovering the defect, then seek court compensation if needed.

First-time buyer faces structural issues after developer dissolves

In Bordeaux, a first-time buyer purchased a new flat for €200,000 in 2018 from a developer SARL. The developer was dissolved in 2019 after project completion. By 2022, large structural cracks appear, covered under the mandatory 10-year building warranty.

Application pratique:

Because the developer company is dissolved and winding-up closed, you can claim directly against its former directors or shareholders without proving insolvency. Retain the purchase contract, photos of cracks, and building expert reports. Notify the decennial insurer and the former directors, referencing Cass. No. 09-10.982 to bypass the usual requirement of insufficient corporate assets.

Co-owners recover unpaid charges from dissolved company's shareholders

In Nice, a condominium syndicate is owed €8,000 in service charges (2020–2021) for a ground-floor commercial unit. The owner was a SARL that dissolved in 2021 and closed its winding-up in 2022, leaving the debt unpaid.

Application pratique:

Directly pursue the former shareholders: the ruling relieves the syndicate from having to prove the SARL's assets were insufficient. Compile all invoices, charge summaries, and AG minutes. Issue a formal demand (mise en demeure) to the last known shareholders, then file a claim at the tribunal judiciaire, citing this decision to strengthen the case.

If the legal personality of a

The situation

What the law says

Key takeaways

Informations juridiques

Source

Mots-clés

Cas d'usage pratiques

Landlord claims hidden defect compensation from dissolved SCI

First-time buyer faces structural issues after developer dissolves

Co-owners recover unpaid charges from dissolved company's shareholders

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