Aller au contenu principal
After having correctly held that the
Droit Immobilier

After having correctly held that the

📅 Decision of 13 July 1994🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 18 views📖 2 min read

After correctly holding that the Act of 17 May 1960, amending Article 658 of the Civil Code, applied to pre-existing party walls, with the result that any raising of an already constructed party wall after its enactment gave rise to the right to compensation provided for by that provision, a court of appeal rightly held that the new statute could not, without retroactive effect, disturb the final effects of raising works carried out before its enactment.

Reference decision: Court of Cassation • No. 92-18.021 • 1994-07-13 • View the decision →

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

The situation

After correctly holding that the Act of 17 May 1960, amending Article 658 of the Civil Code, applied to pre-existing party walls, with the result that any raising of an already constructed party wall after its enactment gave rise to the right to compensation provided for by that provision, a court of appeal rightly held that the new statute could not, without retroactive effect, disturb the final effects of raising works carried out before its enactment.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly observe the legal time limits for appeals
  • Keep all your supporting documents (titles, deeds, correspondence)
  • Plan ahead: preventive advice is always cheaper 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.
→ Prendre RDV pour une consultation droit du travail  |  → Browse all our legal articles

Legal information

  • Number: 92-18.021
  • Court: Cour de cassation
  • Decision of: 13 July 1994

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

Book an appointment →

Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

★★★★★4.9/5 — Google Reviews

Does this affect you?

Consult Maître Zakine — lawyer, Doctor of Law. Fast, clear answer.

Book a consultation →

🔒 Confidential · No obligation

📬 Get legal updates

One legal analysis per week, straight to your inbox. Free, no spam.

🔒 1-click unsubscribe · GDPR compliant

★★★★★4.9/5 — Avis Google

Maître Zakine, Doctor of Law

Phone and video consultations available — Fast appointments

Book an appointment
First consultation 30 minutes — €45

🔒 Confidentiel • Sans engagement • Réponse rapide