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Characterises the existence of a
Droit Immobilier

Characterises the existence of a

📅 Decision of 27 October 1981🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 22 views📖 2 min read

Characterises the existence of a "popular movement", within the meaning of Article L 133-1° of the Code des communes and of a clause in an insurance contract covering the insured against resulting damage, the Court of Appeal which finds that the destruction and thefts committed by a group of men in 1975, to the detriment of the insured, were part of the overall plan of an organisation, which had manifested itself on numerous occasions since 1975, by creating disorder and violence. The second-instance court was therefore able to deduce from these findings that the action of which the insured had been a victim did not constitute an "act of sabotage or individual maliciousness", excluded from cover, but resulted from a "popular movement".

Reference decision: cc • N° 80-12.895 • 1981-10-27 • Consult the decision →

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

Characterises the existence of a "popular movement", within the meaning of Article L 133-1° of the Code des communes and of a clause in an insurance contract covering the insured against resulting damage, the Court of Appeal which finds that the destruction and thefts committed by a group of men in 1975, to the detriment of the insured, were part of the overall plan of an organisation, which had manifested itself on numerous occasions since 1975, by creating disorder and violence. The second-instance court was therefore able to deduce from these findings that the action of which the insured had been a victim did not constitute an "act of sabotage or individual maliciousness", excluded from cover, but resulted from a "popular movement".

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the legal deadlines for bringing proceedings
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 80-12.895
  • Court: Cour de cassation
  • Decision of: 27 October 1981

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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