Reference decision: cc • N° 90-15.204 • 1992-10-07 • View the decision →
This decision provides important insights into your property law. Here is what it changes for you.
The situation
For an individual house builder who has taken out the delivery guarantee at the agreed price provided for by Article R. 231-8 of the French Construction and Housing Code, the bank liable under the guarantee is entitled, when the conditions for implementing it set out in Article R. 231-11 of the same Code are met, to deduct an excess of 5% from the amount of compensation due to the building owner.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the legal time limits for appeals
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Plan ahead: 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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