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When, given the date of the construction contract, the Decree of 22 December 1967 is not applicable, it is in the exercise of their sovereign power that the trial judges assess the concept of 'gros ouvrage'.
Droit Immobilier

When, given the date of the construction contract, the Decree of 22 December 1967 is not applicable, it is in the exercise of their sovereign power that the trial judges assess the concept of 'gros ouvrage'.

📅 Decision of 11 August 2026🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 12 views📖 2 min read

When, given the date of the construction contract, the Decree of 22 December 1967 is not applicable, it is in the exercise of their sovereign power that the trial judges assess the concept of 'gros ouvrage'.

Reference decision: cc • No. 75-13.881 • 1977-02-23 • Consult the decision →

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

The situation

When, given the date of the construction contract, the Decree of 22 December 1967 is not applicable, it is in the exercise of their sovereign power that the trial judges assess the concept of 'gros ouvrage' (structural works).

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Scrupulously respect the statutory time limits for appeals
  • Keep all your supporting documents (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: 75-13.881
  • 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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