Aller au contenu principal
does not give a legal basis to its
Droit Immobilier

does not give a legal basis to its

📅 Decision of 14 June 1989🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 19 views📖 2 min read

The Court of Appeal which, in order to reject the claim of the two sole members of a property investment company (société civile immobilière) that had purchased an apartment off-plan, for compensation for the loss suffered by one of them, who was to set up a medical practice in the said apartment, as a result of the delay in its delivery, stated that the parties concerned could not rely on the terms of the sale contract to which they were not personally parties, did not give a legal basis to its decision, whereas, having been seized of submissions arguing that the said property investment company 'was intended to acquire the apartment which was to serve as a medical practice' for one of the two members and that the seller knew that this apartment was 'intended to constitute the medical practice' of that member, it was for it to investigate whether the sale contract did not contain an implied term in favour of the interested party as to the date of entry into possession of the premises, enabling him to bring proceedings for the loss he had personally suffered in his professional activity.

Reference decision: cc • No. 87-16.981 • 1989-06-14 • View the decision →

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

The situation

The Court of Appeal which, in order to reject the claim of the two sole members of a property investment company (société civile immobilière) that had purchased an apartment off-plan, for compensation for the loss suffered by one of them, who was to set up a medical practice in the said apartment, as a result of the delay in its delivery, stated that the parties concerned could not rely on the terms of the sale contract to which they were not personally parties, did not give a legal basis to its decision, whereas, having been seized of submissions arguing that the said property investment company 'was intended to acquire the apartment which was to serve as a medical practice' for one of the two members and that the seller knew that this apartment was 'intended to constitute the medical practice' of that member, it was for it to investigate whether the sale contract did not contain an implied term in favour of the interested party as to the date of entry into possession of the premises, enabling him to bring proceedings for the loss he had personally suffered in his professional activity.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory time limits for bringing proceedings
  • Keep all your supporting documents (deeds, instruments, letters)
  • Plan ahead: 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.
→ Prendre RDV pour une consultation droit du travail  |  → Browse all our legal articles

Legal information

  • Number: 87-16.981
  • Court: Cour de cassation
  • Decision of: 14 June 1989

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.

Book an appointment →

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.

★★★★★4.9/5 — Google Reviews

Does this affect you?

Consult Maître Zakine — lawyer, Doctor of Law. Fast, clear answer.

Book a consultation →

🔒 Confidential · No obligation

📬 Get legal updates

One legal analysis per week, straight to your inbox. Free, no spam.

🔒 1-click unsubscribe · GDPR compliant

★★★★★4.9/5 — Avis Google

Maître Zakine, Doctor of Law

Phone and video consultations available — Fast appointments

Book an appointment
First consultation 30 minutes — €45

🔒 Confidentiel • Sans engagement • Réponse rapide