Reference decision: cc • N° 78-10.957 • 1979-05-09 • View the decision →
This decision provides important insights into your property law. Here is what it changes for you.
The situation
Incurs the forfeiture provided for in a liability insurance policy which required him to report any claim covered by his insurance as soon as he became aware of it and at the latest within five days, an engineer who, having received a summary proceedings summons from a construction company, failed to make such a report, whereas that summons, entitled 'joinder', served notice of a summons issued to the company by a client and specified that it sought to have the forthcoming decision declared binding on the engineer and to reserve the company's rights against him, thereby clearly evidencing that company's intention to seek the engineer's liability by way of a claim for indemnity.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly comply with the statutory time limits for claims.
- Keep all your supporting documents (title deeds, deeds, letters).
- 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.
→ Prendre RDV pour une consultation droit du travail |
→ Browse all our legal articles
