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The subcontractor being entitled to
Droit Immobilier

The subcontractor being entitled to

📅 Decision of 18 November 2009🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 14 views📖 2 min read

The subcontractor being entitled to refuse to continue performance of a contract that is void for non-compliance with statutory provisions, the main contractor cannot invoke any loss resulting from that refusal and must pay the subcontractor the cost of the work it has carried out

Reference decision: cc • N° 08-19.355 • 2009-11-18 • View the decision →

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

The situation

The subcontractor being entitled to refuse to continue performance of a contract that is void for non-compliance with statutory provisions, the main contractor cannot invoke any loss resulting from that refusal and must pay the subcontractor the cost of the work it has carried out

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with statutory time limits for appeals
  • 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: 08-19.355
  • Court: Cour de cassation
  • Decision of: 18 November 2009

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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