Reference decision: cc • No. 88-15.626 • 15 October 1991 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
If it follows from Article L. 242-1 of the Insurance Code and Annex II to Article A. 243-1 of that Code that the benefit of the "dommages-ouvrage" (works damage) insurance taken out by the project owner passes to successive owners, the project owner who, after the sale, paid the cost of the repairs may nevertheless claim the insurer's cover as subrogated to the rights of the owners.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the statutory time limits for bringing an action
- 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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