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A person who receives from an insurer the
Droit Immobilier

A person who receives from an insurer the

📅 Decision of 23 September 2003🔄 Updated on 7 October 2026⚖️ Cour de cassation👁️ 18 views📖 2 min read

A person who receives from an insurer payment of an indemnity to which he is entitled does not benefit from an undue payment; the true beneficiary of the undue payment is the person whose debt is discharged by someone who does not owe it. A judgment is liable to be quashed that orders the victim to reimburse the insurer a portion of the sums paid by the latter without investigating whether that sum exceeded the amount of the award made in his favour.

Reference decision: Court of Cassation • No. 01-14.101 • 23 September 2003 • View the decision →

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

The situation

A person who receives from an insurer payment of an indemnity to which he is entitled does not benefit from an undue payment; the true beneficiary of the undue payment is the person whose debt is discharged by someone who does not owe it. A judgment is liable to be quashed that orders the victim to reimburse the insurer a portion of the sums paid by the latter without investigating whether that sum exceeded the amount of the award made in his favour.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with the statutory time limits for appeals.
  • Keep all your supporting documents (title deeds, instruments, correspondence).
  • Be proactive: 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: 01-14.101
  • Court: Cour de cassation
  • Decision of: 23 September 2003

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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