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The Partner of a Civil Company
Droit Immobilier

The Partner of a Civil Company

📅 Decision of 11 December 1984🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 23 views📖 2 min read

A partner in a civil property company whose purpose is the sale of off-plan apartments is liable, solely by virtue of that status and without any need for mismanagement on his part, for the liabilities arising from the non-performance of obligations and commitments undertaken by the company at a time when he was still a partner, under the conditions set forth in Article 2 of the Law of 16 July 1971, now Article L211-2 of the Building and Housing Code.

Reference decision: cc • No. 83-15.728 • 11 December 1984 • Consult the decision →

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

The situation

A partner in a civil property company whose purpose is the sale of off-plan apartments is liable, solely by virtue of that status and without any need for mismanagement on his part, for the liabilities arising from the non-performance of obligations and commitments undertaken by the company at a time when he was still a partner, under the conditions set forth in Article 2 of the Law of 16 July 1971, now Article L211-2 of the Building and Housing Code.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Scrupulously observe the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Anticipate: preventive legal advice is always cheaper 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: 83-15.728
  • Court: Cour de cassation
  • Decision of: 11 December 1984

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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