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Material damage caused to the project owner
Droit Foncier

Material damage caused to the project owner

📅 Decision of 13 January 2016🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 18 views📖 2 min read

The material damage caused to the project owner, a civil party, by the offence of constructing an individual house without a completion guarantee consists of the excess, for the completion of the construction, of the overall price stipulated in the contract which should have been borne by the guarantor pursuant to Article L. 231-6, I, of the Construction and Housing Code.

Reference decision: cc • No. 15-80.154 • 13 January 2016 • View the decision →

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

The situation

The material damage caused to the project owner, a civil party, by the offence of constructing an individual house without a completion guarantee consists of the excess, for the completion of the construction, of the overall price stipulated in the contract which should have been borne by the guarantor pursuant to Article L. 231-6, I, of the Construction and Housing Code.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory time limits for bringing proceedings
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Plan ahead: 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: 15-80.154
  • Court: Cour de cassation
  • Decision of: 13 January 2016

Keywords

droit immobilierjurisprudencefoncier
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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