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The notary is not subject to a duty
Droit Immobilier

The notary is not subject to a duty

📅 Decision of 28 March 2000🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 11 views📖 2 min read

The notary is not subject to a duty of advice towards those who remain third parties to the deeds in which he intervenes. Consequently, the Court of Appeal rightly held, having first noted that there was no evidence that the notary had received an implied mandate to ensure the follow-up of the registration of the mortgage benefiting a credit institution, nor that he had given that institution false assurances regarding compliance with the deadlines for the authentic completion of the sale of the mortgaged property, that the notary had not incurred liability towards that institution whose security had been rendered ineffective upon the discharge.

Reference decision: cc • N° 97-20.169 • 2000-03-28 • View decision →

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

The situation

The notary is not subject to a duty of advice towards those who remain third parties to the deeds in which he intervenes. Consequently, the Court of Appeal rightly held, having first noted that there was no evidence that the notary had received an implied mandate to ensure the follow-up of the registration of the mortgage benefiting a credit institution, nor that he had given that institution false assurances regarding compliance with the deadlines for the authentic completion of the sale of the mortgaged property, that the notary had not incurred liability towards that institution whose security had been rendered ineffective upon the discharge.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Scrupulously respect the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Plan ahead: preventative 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: 97-20.169
  • Court: Cour de cassation
  • Decision of: 28 March 2000

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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