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When the subscription of a
Droit Immobilier

When the subscription of a

📅 Decision of 25 February 2009🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 23 views📖 2 min read

When the taking out of works damage insurance is made a condition precedent to the contract for the construction of an individual house, the bank is, after the loan offer has been issued, required by law to ensure the issue of the delivery guarantee certificate, without which the funds may not be released, and not to ensure the actual taking out of works damage insurance.

Reference decision: cc • N° 08-11.072 • 2009-02-25 • Consult the decision →

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

The situation

When the taking out of works damage insurance is made a condition precedent to the contract for the construction of an individual house, the bank is, after the loan offer has been issued, required by law to ensure the issue of the delivery guarantee certificate, without which the funds may not be released, and not to ensure the actual taking out of works damage insurance.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for legal action
  • Keep all your supporting documents (title deeds, deeds, letters)
  • Be proactive: preventive advice is always cheaper 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: 08-11.072
  • Court: Cour de cassation
  • Decision of: 25 February 2009

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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