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The penalty clause provided for in the contract of
Droit Immobilier

The penalty clause provided for in the contract of

📅 Decision of 31 January 2007🔄 Updated on 12 October 2026⚖️ Cour de cassation👁️ 30 views📖 2 min read

The penalty clause provided for in the contract for the construction of an individual house in the event of delay has as its term the delivery and not the removal of the reservations noted at acceptance, delivery being distinct from acceptance.

Reference decision: cc • N° 05-20.683 • 2007-01-31 • Consult the decision →

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

The situation

The penalty clause provided for in the contract for the construction of an individual house in the event of delay has as its term the delivery and not the removal of the reservations noted at acceptance, delivery being distinct from acceptance.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Scrupulously respect the statutory time limits for appeals
  • Keep all your supporting documents (deeds, instruments, correspondence)
  • Anticipate: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 05-20.683
  • Court: Cour de cassation
  • Decision of: 31 January 2007

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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