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The project owner having taken out a
Droit Immobilier

The project owner having taken out a

📅 Decision of 07 December 2005🔄 Updated on 16 October 2026⚖️ Cour de cassation👁️ 8 views📖 2 min read

The project owner having taken out works damage insurance is entitled to obtain pre-financing of the works of such a nature as to ensure their effectiveness in putting an end to the defects.

Reference decision: cc • N° 04-17.418 • 2005-12-07 • View the decision →

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

The situation

The project owner having taken out works damage insurance is entitled to obtain pre-financing of the works of such a nature as to ensure their effectiveness in putting an end to the defects.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with the statutory time limits for bringing an action
  • Keep all your supporting documents (title deeds, 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: 04-17.418
  • Court: Cour de cassation
  • Decision of: 07 December 2005

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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