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It is for the client who attributes to the
Droit Foncier

It is for the client who attributes to the

📅 Decision of 10 July 1984⚖️ Cour de cassation👁️ 19 views📖 2 min read

It is for the client who alleges that the notary breached his duty to advise to establish the existence of that breach. Therefore, in the light of a deed of sale of a building plot – a clause of which exempted the notary who drafted the deed from requesting all quarry certificates and released him from all liability in that respect – the judgment which, in order to hold that the said notary was at fault, stated that this public officer did not establish, by the waiver of liability that he had inserted in the deed, that he had fulfilled his duty to advise towards the purchasers of the plot, is liable to cassation.

Reference decision: cc • No. 83-11.601 • 10 July 1984 • View the decision →

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

The situation

It is for the client who alleges that the notary breached his duty to advise to establish the existence of that breach. Therefore, in the light of a deed of sale of a building plot – a clause of which exempted the notary who drafted the deed from requesting all quarry certificates and released him from all liability in that respect – the judgment which, in order to hold that the said notary was at fault, stated that this public officer did not establish, by the waiver of liability that he had inserted in the deed, that he had fulfilled his duty to advise towards the purchasers of the plot, is liable to cassation.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • 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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Legal information

  • Number: 83-11.601
  • Court: Cour de cassation
  • Decision of: 10 July 1984

Keywords

droit immobilierjurisprudencefoncier
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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