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The Architect Entrusted with a Brief
Droit Foncier

The Architect Entrusted with a Brief

📅 Decision of 17 October 2012🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 11 views📖 2 min read

An architect entrusted with a full design and construction mission for an architectural project who, after designing an overall project, limited its implementation to only one of its buildings, cannot assert his moral right to prevent a third party from building an adjoining building whose architecture departed from the initial project.

Reference decision: Court of Cassation • No. 11-18.638 • 17 October 2012 • View the decision →

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

The situation

An architect entrusted with a full design and construction mission for an architectural project who, after designing an overall project, limited its implementation to only one of its buildings, cannot assert his moral right to prevent a third party from building an adjoining building whose architecture departed from the initial project.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for legal action
  • 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.
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Legal information

  • Number: 11-18.638
  • Court: Cour de cassation
  • Decision of: 17 October 2012

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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