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Having noted, on the one hand, that a
Droit Foncier

Having noted, on the one hand, that a

📅 Decision of 08 October 2014🔄 Updated on 10 October 2026⚖️ Cour de cassation👁️ 10 views📖 2 min read

Having noted, on the one hand, that a property investment company (société civile immobilière) had carried out a property transaction financed by loans taken out personally by a shareholder, a spouse married under community of property, and repaid partly out of community funds and the wife's separate funds, and, on the other hand, that the husband had been allocated a building following the dissolution of the company and had then resold it, the community not yet having been liquidated, it was by the correct application of Article 1469 of the Civil Code that a court of appeal declared the husband liable for a compensation claim (récompense) and a debt calculated according to the rules of subsisting profit (profit subsistant) based on the resale price of the building

Reference decision: cc • No. 13-21.879 • 2014-10-08 • View decision →

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

The situation

Having noted, on the one hand, that a property investment company (société civile immobilière) had carried out a property transaction financed by loans taken out personally by a shareholder, a spouse married under community of property, and repaid partly out of community funds and the wife's separate funds, and, on the other hand, that the husband had been allocated a building following the dissolution of the company and had then resold it, the community not yet having been liquidated, it was by the correct application of Article 1469 of the Civil Code that a court of appeal declared the husband liable for a compensation claim (récompense) and a debt calculated according to the rules of subsisting profit (profit subsistant) based on the resale price of the building

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Scrupulously comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, 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.
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Legal information

  • Number: 13-21.879
  • Court: Cour de cassation
  • Decision of: 08 October 2014

Keywords

droit immobilierjurisprudencefoncier
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.

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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.

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