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The Decree of 3 July 1978 concerning
Droit Immobilier

The Decree of 3 July 1978 concerning

📅 Decision of 18 May 1983🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 24 views📖 2 min read

The Decree of 3 July 1978 concerning the application of the Law of 4 January 1978 only took effect for companies formed before the entry into force of the Law on 1 July 1980. It therefore cannot be relied upon, in that it allegedly created, in the context of civil companies, the derivative action 'ut singuli' in proceedings initiated in 1973, even if the Court of Appeal only ruled in 1981.

Reference decision: cc • No. 81-16.396 • 1983-05-18 • Consult the decision →

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

The situation

The Decree of 3 July 1978 concerning the application of the Law of 4 January 1978 only took effect for companies formed before the entry into force of the Law on 1 July 1980. It therefore cannot be relied upon, in that it allegedly created, in the context of civil companies, the derivative action 'ut singuli' in proceedings initiated in 1973, even if the Court of Appeal only ruled in 1981.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly observe the statutory time limits for legal remedies.
  • Keep all your supporting documents (titles, deeds, correspondence).
  • 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: 81-16.396
  • Court: Cour de cassation
  • Decision of: 18 May 1983

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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