A delivery guarantor who fulfils a

This decision sheds important light on your property law. Here is what it changes for you.

The situation

A delivery guarantor who fulfils a personal obligation, pursuant to the provisions of Article L. 231-6 of the Construction and Housing Code, is bound, as against the builder, to bear the final burden of the debt which he has paid following the builder's default, does not have against him a subrogation claim under Article 1251 3° of the Civil Code (judgment no. 1, appeal no. 07-20.931; judgment no. 2, appeal no. 07-20.932) and consequently, must be dismissed from his claim against the builder's sureties (judgment 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 bringing legal proceedings
• 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.