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The trial judges who, following
Droit Immobilier

The trial judges who, following

📅 Decision of 05 March 1980🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 13 views📖 2 min read

The trial judges who, following damage caused in the cellar of an agricultural group, rule on the claim for compensation that it brought against the municipality and the French State, which was called in guarantee, may, analysing the factual circumstances, rely on serious, precise and concordant presumptions to find that the damage had not been the work of isolated individuals but that of a group acting in the context of winegrowing demonstrations and were therefore the work of a crowd or gathering within the meaning of Article 116 of the Code of Communal Administration.

Reference decision: cc • No. 78-14.096 • 1980-03-05 • Consult the decision →

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

The situation

The trial judges who, following damage caused in the cellar of an agricultural group, rule on the claim for compensation that it brought against the municipality and the French State, which was called in guarantee, may, analysing the factual circumstances, rely on serious, precise and concordant presumptions to find that the damage had not been the work of isolated individuals but that of a group acting in the context of winegrowing demonstrations and were therefore the work of a crowd or gathering within the meaning of Article 116 of the Code of Communal Administration.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory appeal deadlines
  • Keep all your supporting documents (title deeds, instruments, 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: 78-14.096
  • Court: Cour de cassation
  • Decision of: 05 March 1980

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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