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Invalidity of the Construction Contract
Droit Immobilier

Invalidity of the Construction Contract

📅 Decision of 26 June 2013🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 29 views📖 2 min read

The invalidity of the contract for the construction of a detached house due to violation of mandatory public policy rules protecting the client entitles the client to seek reinstatement of the land without any compensation to the builder for the works carried out. Demolition ordered at the request of the client prohibits the builder from claiming the cost of the works it has carried out.

Reference decision: Court of Cassation • No. 12-18.121 • 2013-06-26 • View the decision →

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

The situation

The invalidity of the contract for the construction of a detached house due to violation of mandatory public policy rules protecting the client entitles the client to seek reinstatement of the land without any compensation to the builder for the works carried out. Demolition ordered at the request of the client prohibits the builder from claiming the cost of the works it has carried out.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for bringing legal action
  • Keep all your supporting documents (title deeds, deeds, letters)
  • Be proactive: 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: 12-18.121
  • Court: Cour de cassation
  • Decision of: 26 June 2013

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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