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Having noted that pursuant to
Droit Immobilier

Having noted that pursuant to

📅 Decision of 26 June 2013🔄 Updated on 12 October 2026⚖️ Cour de cassation👁️ 18 views📖 2 min read

Having noted that pursuant to Article L. 231-6 III of the French Construction and Housing Code, in the event of the builder's default, the guarantor is entitled to require direct payment of the sums corresponding to the works he carries out or has carried out, an appellate court rightly inferred that the guarantor, ordered to carry out land stabilisation works, was entitled to receive the sums remaining owed by the client to the builder.

Reference decision: cc • N° 11-12.785 • 2013-06-26 • Consult the decision →

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

The situation

Having noted that pursuant to Article L. 231-6 III of the French Construction and Housing Code, in the event of the builder's default, the guarantor is entitled to require direct payment of the sums corresponding to the works he carries out or has carried out, an appellate court rightly inferred that the guarantor, ordered to carry out land stabilisation works, was entitled to receive the sums remaining owed by the client to the builder.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for appeals or legal remedies.
  • Keep all your supporting documents (title deeds, 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.
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Legal information

  • Number: 11-12.785
  • Court: Cour de cassation
  • Decision of: 26 June 2013

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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