Reference decision: Court of Cassation • No. 11-25.567 • 18 December 2012 • View the decision →
This decision provides important insight into your real estate law. Here is what it changes for you.
The situation
If a third party may rely on the contract as a factual situation, it is on condition that the factual situation is capable of founding the application of a legal rule conferring on him the right he claims. Accordingly, a court of appeal makes an exact application of Article 1165 of the Civil Code when it declares inadmissible the payment claim of a company which merely relied on having carried out a contractual operation itself, without arguing that this circumstance had given rise in its favour to a claim of a tortious or quasi-contractual nature.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the statutory time limits for appeals
- 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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