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The parties are summoned to the
Droit Immobilier

The parties are summoned to the

📅 Decision of 25 March 1992🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 11 views📖 1 min read

The parties are summoned to the investigative measures by the appointed expert.

Relevant Decision: cc • No. 90-20.885 • 25 March 1992 • Consult the decision →

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

The situation

The parties are summoned to the investigative measures by the appointed expert.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • 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: 90-20.885
  • Court: Cour de cassation
  • Decision of: 25 March 1992

Keywords

droit immobilierjurisprudenceimmobilier

Practical use cases

1

Landlord disputes tenant damage assessment in Lyon

A landlord in Lyon seeks €12,000 for damages after a tenant leaves a flat with severe water damage. The court appoints an expert to inspect the property.

Practical application:

As confirmed by cc • No. 90-20.885 (25 March 1992), you must attend the expert’s inspection when summoned. Bring all evidence: tenancy agreement, entry/exit inventory, photos, and repair quotes. Keep copies of all correspondence, and note the strict one-month deadline to challenge the expert report. If you miss the visit, the court may rely solely on the tenant’s version, so anticipate and consult a lawyer beforehand.

2

First-time buyer uncovers hidden defects in Bordeaux house

A buyer in Bordeaux paid €350,000 for a house in April 2024. After moving in, major structural cracks appear. A court-ordered expert investigation is scheduled to determine liability.

Practical application:

Under principles upheld in this case, you are entitled to attend the expert’s on-site visit and present your own technical evidence. Immediately gather your property deed, pre-sale surveys, and photographs showing the defects. Keep all expert correspondence: any delay in providing documents can weaken your case. The law imposes short appeal deadlines; if the report is unfavourable, you must act within one month, so line up a solicitor early.

3

Co-owner disputes €50,000 roof repair quote in Paris

In a Parisian co-ownership, the syndicate proposes €50,000 in roof repairs. A dissenting co-owner obtains a court-appointed expert to assess whether the works are necessary and reasonably priced.

Practical application:

This ruling underscores that all parties must be properly summoned to the expert’s inspection. Prepare by gathering the co-ownership rules, general meeting minutes, and competing builder quotes. Attend the visit with your own expert if possible, and insist on recording all observations. Keep a strict file of all documents, and diarise the deadline to contest the expert’s conclusions. Early legal advice can often avoid a full hearing.

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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