Breach of the adversarial principle

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

The situation

The judge breaches the adversarial principle where, in order to dismiss the claim for damages brought for wrongful termination of the contract by the builder of an individual house, he raises of his own motion, without inviting the parties to submit their observations, the nullity of the contract, the latter not containing the repayment and delivery guarantees required by Articles R. 231-8, R. 231-10 and R. 231-11 of the Construction and Housing Code.

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, deeds, letters)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.