Reference decision: cc • N° 85-14.076 • 1987-03-10 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
In the context of a livestock fattening contract which placed on an agricultural cooperative the obligation to deliver young animals to its member and to provide technical and health assistance, and where the delivered animals were affected by a disease causing significant mortality, the Court of Appeal legally justified its decision finding negligence on the part of the cooperative by noting that the latter had not called upon its consulting veterinarian, who was responsible for establishing the livestock health programme and monitoring its implementation, in particular through regular visits, whereas the condition of the animals, the progression of the disease affecting them, the relative ineffectiveness of the treatments prescribed by the cooperative's technician, and the scale of the losses all required the intervention of that consulting veterinarian.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- 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.
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