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Since the person in charge of the
Droit Foncier

Since the person in charge of the

📅 Decision of 21 February 1984🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 12 views📖 2 min read

Since the person responsible for the construction is exempt from providing the guarantee required by Article R. 231-11 of the Construction and Housing Code, any activity prior to the completion of the foundations may not, pursuant to Article R. 231-15 of the same code, give rise to any advance payment other than that payable on the date of signature of the contract (1).

Reference decision: Court of Cassation • No. 82-91.295 • 1984-02-21 • View the decision →

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

The situation

Since the person responsible for the construction is exempt from providing the guarantee required by Article R. 231-11 of the Construction and Housing Code, any activity prior to the completion of the foundations may not, pursuant to Article R. 231-15 of the same code, give rise to any advance payment other than that payable on the date of signature of the contract (1).

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Scrupulously respect the statutory time limits for legal remedies
  • 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: 82-91.295
  • Court: Cour de cassation
  • Decision of: 21 February 1984

Keywords

droit immobilierjurisprudencefoncier
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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