Reference decision: Court of Cassation • No. 07-20.932 • 2008-12-03 • View the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
A delivery guarantor who fulfils an obligation which 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 which 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 denied his recourse against the sureties of that builder (decision no. 2)
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 appeals
- Keep all your supporting documents (deeds, instruments, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30 min 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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