Reference decision: cc • No. 09-16.967 • 2010-10-14 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
If the depositary is only bound by an obligation of means, he must, in the event of loss or deterioration of the deposited item, prove that he was not responsible, by establishing that he gave the item the same care as he would have given to the custody of his own property, or by demonstrating that the deterioration was due to force majeure. In principle, the act of the debtor or his employee or substitute cannot constitute force majeure.
What the law says
This decision confirms the fundamental principles of property law.
Key points to note
- Strictly comply with the statutory time limits for legal challenges
- Keep all your supporting documents (title deeds, deeds, 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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