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Property Investment Companies (SCIs)
Droit Immobilier

Property Investment Companies (SCIs)

📅 Decision of 16 October 1984🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 28 views📖 2 min read

Property investment companies (SCIs) – ordered to compensate purchasers for the loss they caused by concealing certain facts – brought an indemnity claim against the notaries involved in the property development transaction, alleging faults committed against them. The Court of Appeal, in dismissing the claim of the SCIs, legally justified its decision by noting that they had intended to deceive the purchasers through fraudulent conduct and, by that same conduct, had induced the notaries' negligence. From these findings, the appellate court was able to deduce that the notaries had committed no breach towards the SCIs and were therefore not obliged, in the context of an indemnity claim (as opposed to a subrogated claim), to indemnify them against the judgments entered against them.

Reference decision: cc • N° 83-12.459 • 1984-10-16 • View decision →

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

The Situation

Property investment companies (SCIs) – ordered to compensate purchasers for the loss they caused by concealing certain facts – brought an indemnity claim against the notaries involved in the property development transaction, alleging faults committed against them. The Court of Appeal, in dismissing the claim of the SCIs, legally justified its decision by noting that they had intended to deceive the purchasers through fraudulent conduct and, by that same conduct, had induced the notaries' negligence. From these findings, the appellate court was able to deduce that the notaries had committed no breach towards the SCIs and were therefore not obliged, in the context of an indemnity claim (as opposed to a subrogated claim), to indemnify them against the judgments entered against them.

What the Law Says

This decision confirms the fundamental principles of property law.

Key Points

  • Strictly comply with statutory limitation periods for claims.
  • Keep all your supporting documents (deeds, instruments, correspondence).
  • Be proactive: preventive advice is always cheaper 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: 83-12.459
  • Court: Cour de cassation
  • Decision of: 16 October 1984

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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