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Pursuant to the general rules which
Droit Immobilier

Pursuant to the general rules which

📅 Decision of 02 February 2022🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 6 views📖 2 min read

Pursuant to the general rules governing subrogation, provided for by articles 1250 et seq. of the Civil Code, in their version prior to that resulting from Ordinance No. 2016-131 of 10 February 2016, the debtor, pursued by a creditor subrogated to the rights of his original creditor, may set up against the subrogated creditor the same exceptions and means of defence as those which he could have initially relied upon against his original creditor. It follows that a person subrogated to the rights of a victim of damage has only the actions available to the victim, so that his action against the person liable is subject to the limitation period applicable to the victim's action and that the starting point of the limitation period of the subrogated party's action is identical to that of the subrogor's action

Reference decision: cc • N° 20-10.855 • 2022-02-02 • View the decision →

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

The situation

Pursuant to the general rules governing subrogation, provided for by articles 1250 et seq. of the Civil Code, in their version prior to that resulting from Ordinance No. 2016-131 of 10 February 2016, the debtor, pursued by a creditor subrogated to the rights of his original creditor, may set up against the subrogated creditor the same exceptions and means of defence as those which he could have initially relied upon against his original creditor. It follows that a person subrogated to the rights of a victim of damage has only the actions available to the victim, so that his action against the person liable is subject to the limitation period applicable to the victim's action and that the starting point of the limitation period of the subrogated party's action is identical to that of the subrogor's action

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the legal deadlines for appeals
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Anticipate: 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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Legal information

  • Number: 20-10.855
  • Court: Cour de cassation
  • Decision of: 02 February 2022

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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