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Does not put the Court of Cassation in
Droit Immobilier

Does not put the Court of Cassation in

📅 Decision of 15 December 1999🔄 Updated on 12 October 2026⚖️ Cour de cassation👁️ 32 views📖 2 min read

Does not enable the Court of Cassation to exercise its review and violates paragraph 1 and paragraph 3 of Article 32 of the Law of 9 July 1991, the Court of Appeal which, in ordering co-owners to pay a certain sum in respect of arrears of service charges, holds that the costs incurred in proceedings for unpaid charges are payable by the defaulting co-owners under a clause of the co-ownership regulations without specifying whether the reminder and litigation costs provided for in the clause were enforcement or recovery costs.

Reference decision: cc • N° 97-20.655 • 1999-12-15 • View decision →

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

The situation

Does not enable the Court of Cassation to exercise its review and violates paragraph 1 and paragraph 3 of Article 32 of the Law of 9 July 1991, the Court of Appeal which, in ordering co-owners to pay a certain sum in respect of arrears of service charges, holds that the costs incurred in proceedings for unpaid charges are payable by the defaulting co-owners under a clause of the co-ownership regulations without specifying whether the reminder and litigation costs provided for in the clause were enforcement or recovery costs.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly observe statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, 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: 97-20.655
  • Court: Cour de cassation
  • Decision of: 15 December 1999

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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