A delivery guarantor who fulfils a

This decision provides important insight into your property law. Here is what it changes for you.

The situation

A delivery guarantor who fulfils an obligation that is personal to him, by application of the provisions of Article L. 231-6 of the Construction and Housing Code, is bound, in his relations with the builder, to bear the final burden of the debt he has paid following the latter's default, does not have against him the subrogation recourse under Article 1251 3° of the Civil Code (decision no. 1, appeal no. 07-20.931; decision no. 2, appeal no. 07-20.932) and consequently, must be dismissed from his recourse directed against the sureties of that builder (decision no. 2)

What the law says

This decision confirms the fundamental principles of property law.

Points to note

• Strictly comply with the statutory time limits for appeals
• 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.