Reference decision: Court of Cassation • No. 03-17.518 • 2004-12-01 • View decision →
This decision sheds light on your property law. Here is what it means for you.
The situation
Although joint and several liability does not arise by operation of law either from the status of co-owner in indivision or from the circumstance that one of them acted as agent for the others, a joint and several liability clause for the payment of charges stipulated in a co-ownership regulation is not prohibited between co-owners by agreement of a lot.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Scrupulously comply with legal deadlines for appeals
- Keep all your supporting documents (titles, deeds, correspondence)
- Anticipate: 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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