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Rightly, the trial judges
Droit Immobilier

Rightly, the trial judges

📅 Decision of 25 July 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 23 views📖 2 min read

The trial judges, not having been seized of a plea alleging a contractual derogation from the retroactive effect of a fulfilled condition, rightly applied Article 1179 of the Civil Code to declare that the sale, all elements of which were met, was perfected on the day the obligation was contracted.

Reference decision: cc • N° 68-13.048 • 1970-02-13 • View the decision →

This decision sheds important light on your property law rights. Here is what it changes for you.

The situation

The trial judges, not having been seized of a plea alleging a contractual derogation from the retroactive effect of a fulfilled condition, rightly applied Article 1179 of the Civil Code to declare that the sale, all elements of which were met, was perfected on the day the obligation was contracted.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Scrupulously respect the legal time limits for appeals
  • Keep all your supporting documents (deeds, instruments, correspondence)
  • Anticipate: preventative 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: 68-13.048
  • Court: Cour de cassation

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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