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Having noted that the fire was
Droit Immobilier

Having noted that the fire was

📅 Decision of 11 January 1995🔄 Updated on 12 October 2026⚖️ Cour de cassation👁️ 10 views📖 2 min read

Having noted that the fire was caused by intense heat emanating from the chimney flue located in an apartment, which caused the slow combustion of a wooden beam in the ceiling of the neighbouring apartment, embedded in the party wall, findings from which it follows that the fire did not originate in the first apartment, the Court of Appeal rightly held that the provisions of Article 1384, paragraph 2, of the Civil Code were not applicable.

Reference decision: cc • N° 93-15.534 • 1995-01-11 • View the decision →

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

The situation

Having noted that the fire was caused by intense heat emanating from the chimney flue located in an apartment, which caused the slow combustion of a wooden beam in the ceiling of the neighbouring apartment, embedded in the party wall, findings from which it follows that the fire did not originate in the first apartment, the Court of Appeal rightly held that the provisions of Article 1384, paragraph 2, of the Civil Code were not applicable.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Plan ahead: 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: 93-15.534
  • Court: Cour de cassation
  • Decision of: 11 January 1995

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.

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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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