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If, under article L
Droit Immobilier

If, under article L

📅 Decision of 28 April 1993🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 15 views📖 2 min read

If, under article L. 112-6 of the Insurance Code, the insurer may raise against the holder of the policy or the third party claiming the benefit of it the defences available against the original policyholder, this provision does not authorise the liability insurer to deduct from the indemnity due to the victim the amount of premiums that had fallen due at the date of the loss and remained unpaid.

Reference decision: cc • N° 90-17.727 • 1993-04-28 • View the decision →

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

The situation

If, under article L. 112-6 of the Insurance Code, the insurer may raise against the holder of the policy or the third party claiming the benefit of it the defences available against the original policyholder, this provision does not authorise the liability insurer to deduct from the indemnity due to the victim the amount of premiums that had fallen due at the date of the loss and remained unpaid.

What the law says

This decision confirms the fundamental principles of property law.

Points to note

  • Strictly observe the statutory time limits for legal recourse
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Plan ahead: preventive advice always costs less 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: 90-17.727
  • Court: Cour de cassation
  • Decision of: 28 April 1993

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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