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The claim for damages brought against
Droit Foncier

The claim for damages brought against

📅 Decision of 10 June 2021🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 25 views📖 2 min read

The claim for damages brought against a commune, arising from the loss of the capital gain upon the resale of plots after exercising the right of abandonment, concerns a debt subject to the four-year limitation period under section 1, paragraph 1, of Act No. 68-1250 of 31 December 1968, which must be raised before the court hearing the case at first instance has ruled on the merits.

Reference decision: Court of Cassation, No. 19-25.037, 10 June 2021

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

The situation

The claim for damages brought against a commune, arising from the loss of the capital gain upon the resale of plots after exercising the right of abandonment, concerns a debt subject to the four-year limitation period under section 1, paragraph 1, of Act No. 68-1250 of 31 December 1968, which must be raised before the court hearing the case at first instance has ruled on the merits.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly adhere to 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: 19-25.037
  • Court: Cour de cassation
  • Decision of: 10 June 2021

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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