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The declaratory effect of partition, if it
Droit Foncier

The declaratory effect of partition, if it

📅 Decision of 25 August 2026🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 18 views📖 2 min read

The declaratory effect of partition, while it fixes the date on which each co-sharer's right to his or her allotted share arises, does not determine the date on which the warranty indemnity must be assessed. Article 885 of the Civil Code imposes on each co-heir the obligation to indemnify his or her co-heir for the loss caused by the eviction; the indemnity due must be calculated according to the actual loss suffered by the heir as a result of the eviction, and this loss is equal to the value of the property when it was taken from him or her; therefore, the loss must be assessed with regard to its value at the time of the eviction.

Reference decision: cc • N° 69-11.048 • 1970-06-09 • View the decision →

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

The situation

The declaratory effect of partition, while it fixes the date on which each co-sharer's right to his or her allotted share arises, does not determine the date on which the warranty indemnity must be assessed. Article 885 of the Civil Code imposes on each co-heir the obligation to indemnify his or her co-heir for the loss caused by the eviction; the indemnity due must be calculated according to the actual loss suffered by the heir as a result of the eviction, and this loss is equal to the value of the property when it was taken from him or her; therefore, the loss must be assessed with regard to its value at the time of the eviction.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly observe the statutory time limits for remedies
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Be proactive: preventive advice always costs less than litigation

For an analysis of your situation: a 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: 69-11.048
  • Court: Cour de cassation

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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