Subject to cassation: decision of a

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

The situation

A decision of a court of appeal is liable to be quashed which declares inadmissible the civil action of an owner against a builder, convicted for having failed to take out the insurance policies required by articles L. 111-28 to L. 111-30 of the Construction and Housing Code, without investigating whether, by depriving the owner of the security provided by the insurance in anticipation of losses which he had to bear the cost of, the defendant did not cause him to lose a serious chance of compensation and thus caused damage meeting the definition given by article 2 of the Code of Criminal Procedure. (1).

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with legal time limits for appeals
• Keep all your supporting documents (deeds, contracts, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.