Aller au contenu principal
If Articles 23, paragraph 1, of
Droit Immobilier

If Articles 23, paragraph 1, of

📅 Decision of 19 August 2026🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 19 views📖 2 min read

Although Articles 23, paragraph 1, of the Act of 10 July 1965 and Article 17 of the Decree of 17 March 1967 allow the shareholders of a construction company, which is a co-owner in a property complex, to participate, like the co-owners, in general meetings and to take part in votes, it follows from Articles 42, paragraph 2, of that Act and Article 18 of the said Decree that only the co-owners may challenge the decisions of the general meetings of co-owners.

Reference decision: cc • No. 76-10.487 • 1977-11-04 • View the decision →

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

The situation

Although Articles 23, paragraph 1, of the Act of 10 July 1965 and Article 17 of the Decree of 17 March 1967 allow the shareholders of a construction company, which is a co-owner in a property complex, to participate, like the co-owners, in general meetings and to take part in votes, it follows from Articles 42, paragraph 2, of that Act and Article 18 of the said Decree that only the co-owners may challenge the decisions of the general meetings of co-owners.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with the statutory time limits for legal challenges
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Plan ahead: 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.
→ Prendre RDV pour une consultation droit du travail  |  → Browse all our legal articles

Legal information

  • Number: 76-10.487
  • 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.

Book an appointment →

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.

★★★★★4.9/5 — Google Reviews

Does this affect you?

Consult Maître Zakine — lawyer, Doctor of Law. Fast, clear answer.

Book a consultation →

🔒 Confidential · No obligation

📬 Get legal updates

One legal analysis per week, straight to your inbox. Free, no spam.

🔒 1-click unsubscribe · GDPR compliant

★★★★★4.9/5 — Avis Google

Maître Zakine, Doctor of Law

Phone and video consultations available — Fast appointments

Book an appointment
First consultation 30 minutes — €45

🔒 Confidentiel • Sans engagement • Réponse rapide