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Unless otherwise provided by law,
Droit Immobilier

Unless otherwise provided by law,

📅 Decision of 04 December 1989🔄 Updated on 12 October 2026⚖️ Cour de cassation👁️ 30 views📖 2 min read

Unless otherwise provided by law, the civil action for compensation of damage resulting from an offence belongs only to those who have personally suffered harm directly caused by the prosecuted offence (1). Neither the Law of 11 October 1941 establishing the National Interprofessional Group for Seeds, Grains and Plants, nor any subsequent legislation, has granted this body the right to exercise the rights recognised to a civil party in respect of offences under the Law of 1 August 1905. (2)

Reference decision: cc • N° 88-86.471 • 1989-12-04 • View the decision →

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

The situation

Unless otherwise provided by law, the civil action for compensation of damage resulting from an offence belongs only to those who have personally suffered harm directly caused by the prosecuted offence (1). Neither the Law of 11 October 1941 establishing the National Interprofessional Group for Seeds, Grains and Plants, nor any subsequent legislation, has granted this body the right to exercise the rights recognised to a civil party in respect of offences under the Law of 1 August 1905. (2)

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with legal deadlines for appeals
  • Keep all your supporting documents (titles, deeds, letters)
  • 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: 88-86.471
  • Court: Cour de cassation
  • Decision of: 04 December 1989

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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