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Since a navigation certificate is exceptionally extended by the navigation service, without inspection, pursuant to Article D. 4221-9 of the Transport Code and is valid at the date of a loss, it is binding on the Court of Appeal, which cannot dismiss the claim against the insurer by applying the clause excluding its cover when the ship's papers are not in order
Droit Immobilier

Since a navigation certificate is exceptionally extended by the navigation service, without inspection, pursuant to Article D. 4221-9 of the Transport Code and is valid at the date of a loss, it is binding on the Court of Appeal, which cannot dismiss the claim against the insurer by applying the clause excluding its cover when the ship's papers are not in order

📅 Decision of 23 October 2019🔄 Updated on 13 October 2026⚖️ Cour de cassation👁️ 19 views📖 2 min read

Since a navigation certificate is exceptionally extended by the navigation service, without inspection, pursuant to Article D. 4221-9 of the Transport Code and is valid at the date of a loss, it is binding on the Court of Appeal, which cannot dismiss the claim against the insurer by applying the clause excluding its cover when the ship's papers are not in order

Reference decision: cc • No. 18-16.712 • 2019-10-23 • View the decision →

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

The situation

Since a navigation certificate is exceptionally extended by the navigation service, without inspection, pursuant to Article D. 4221-9 of the Transport Code and is valid at the date of a loss, it is binding on the Court of Appeal, which cannot dismiss the claim against the insurer by applying the clause excluding its cover when the ship's papers are not in order.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Scrupulously respect the legal time limits for appeals
  • Keep all your supporting documents (certificates, 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: 18-16.712
  • Court: Cour de cassation
  • Decision of: 23 October 2019

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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