Aller au contenu principal
Having held in the exercise of its
Droit Immobilier

Having held in the exercise of its

📅 Decision of 11 December 1984🔄 Updated on 9 October 2026⚖️ Cour de cassation👁️ 28 views📖 2 min read

Having held in the exercise of its sovereign power that the chairman of a company's board of directors had a personal interest in guaranteeing the company's debts, the Court of Appeal rightly inferred that the proof of the guarantee which he allegedly provided for that purpose, being of a commercial nature, was not subject to the rules of evidence of civil law.

Reference decision: cc • N° 83-13.023 • 1984-12-11 • Consult the decision →

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

The situation

Having held in the exercise of its sovereign power that the chairman of a company's board of directors had a personal interest in guaranteeing the company's debts, the Court of Appeal rightly inferred that the proof of the guarantee which he allegedly provided for that purpose, being of a commercial nature, was not subject to the rules of evidence of civil law.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the legal appeal deadlines
  • Keep all your supporting documents (titles, deeds, correspondence)
  • Anticipate: preventive advice always costs less 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: 83-13.023
  • Court: Cour de cassation
  • Decision of: 11 December 1984

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