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It is rightly held that a judgment dismisses
Droit Immobilier

It is rightly held that a judgment dismisses

📅 Decision of 23 August 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 9 views📖 2 min read

It is rightly held that a judgment dismisses a project owner's claim for indemnity against its contractors based on a breach of their duty to advise, since it held that it was obvious even to a layman that the works could not be carried out without causing disturbance to the other tenants, and that the project owner had been warned by the building manager and had declared that it would carry out the works at its own risk.

Reference decision: cc • N° 78-11.242 • 1979-05-03 • View the decision →

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

The situation

It is rightly held that a judgment dismisses a project owner's claim for indemnity against its contractors based on a breach of their duty to advise, since it held that it was obvious even to a layman that the works could not be carried out without causing disturbance to the other tenants, and that the project owner had been warned by the building manager and had declared that it would carry out the works at its own risk.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with the legal deadlines for appeals
  • Keep all your supporting documents (title deeds, legal instruments, 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: 78-11.242
  • 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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