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In the absence of a contractual link
Droit Immobilier

In the absence of a contractual link

📅 Decision of 31 May 1989🔄 Updated on 16 October 2026⚖️ Cour de cassation👁️ 36 views📖 2 min read

In the absence of a contractual link binding it to the building contractors, the co-owners' association is not entitled to bring an action against them for repair of defects affecting the building, on the basis of contractual liability under ordinary law.

Reference decision: Court of Cassation • No. 88-11.435 • 31 May 1989 • View the decision →

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

The situation

In the absence of a contractual link binding it to the building contractors, the co-owners' association is not entitled to bring an action against them for repair of defects affecting the building, on the basis of contractual liability under ordinary law.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with the statutory time limits for bringing an action
  • Keep all your supporting documents (title deeds, contracts, correspondence)
  • Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-min consultation for €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: 88-11.435
  • Court: Cour de cassation
  • Decision of: 31 May 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.

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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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