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When, after having accepted
Droit Immobilier

When, after having accepted

📅 Decision of 13 August 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 18 views📖 2 min read

When, after having accepted the shipment on carriage forward terms, a freight forwarder, far from instructing the carrier not to release the goods except against payment of the carriage charges, personally extended credit to the consignee until the latter's insolvency came to light, the trial judges rightly decide that this freight forwarder breached his contractual obligation, and that, because of this fault, which caused loss to the consignor, the cost of carriage must be borne by him.

Reference decision: cc • No. 75-13.336 • 1977-01-10 • View the decision →

This decision sheds important light on your property law. Here is what it changes for you.

The situation

When, after having accepted the shipment on carriage forward terms, a freight forwarder, far from instructing the carrier not to release the goods except against payment of the carriage charges, personally extended credit to the consignee until the latter's insolvency came to light, the trial judges rightly decide that this freight forwarder breached his contractual obligation, and that, because of this fault, which caused loss to the consignor, the cost of carriage must be borne by him.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Scrupulously comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, letters)
  • 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: 75-13.336
  • 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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