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The trial judges who find that the
Droit Immobilier

The trial judges who find that the

📅 Decision of 20 September 2026🔄 Updated on 14 October 2026⚖️ Cour de cassation👁️ 29 views📖 2 min read

The trial judges who find that the perforations and chases made in a wall, as well as the installation of an ineffective shoring system, were the real cause of the collapse of a wall which injured a worker, and that the employer, who had given the team leader whom he had delegated to supervise the workers no instructions as to the precautions to be taken before making a further chase, nor had he made any remark when he came to the site after it had been made, may deduce from these findings that the team leader's error and the employer's failure constituted faults of exceptional gravity.

Reference decision: Court of Cassation • No. 77-13.084 • 1979-02-08 • 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 find that the perforations and chases made in a wall, as well as the installation of an ineffective shoring system, were the real cause of the collapse of a wall which injured a worker, and that the employer, who had given the team leader whom he had delegated to supervise the workers no instructions as to the precautions to be taken before making a further chase, nor had he made any remark when he came to the site after it had been made, may deduce from these findings that the team leader's error and the employer's failure constituted faults of exceptional gravity.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with the statutory time limits for appeal
  • Keep all your supporting documents (deeds, instruments, letters)
  • Anticipate: preventive advice always costs less than litigation.

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 77-13.084
  • Court: Cour de cassation

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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