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The delivery guarantor who indemnifies
Droit Immobilier

The delivery guarantor who indemnifies

📅 Decision of 01 March 2006🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 29 views📖 2 min read

The delivery guarantor who indemnifies the purchaser of the building following the builder's default performs an obligation which is personal to him and cannot seek recourse against the surety of the guaranteed person, whose obligation is not of a certain character.

Reference decision: cc • No. 04-16.297 • 2006-03-01 • View the decision →

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

The delivery guarantor who indemnifies the purchaser of the building following the builder's default performs an obligation which is personal to him and cannot seek recourse against the surety of the guaranteed person, whose obligation is not of a certain character.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the legal time limits for recourse
  • Keep all your supporting documents (titles, deeds, correspondence)
  • Anticipate: preventive advice always costs less than a dispute

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: 04-16.297
  • Court: Cour de cassation
  • Decision of: 01 March 2006

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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