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If it is true that the intention to harm
Droit Immobilier

If it is true that the intention to harm

📅 Decision of 07 May 2018🔄 Updated on 11 October 2026⚖️ Cour de cassation👁️ 19 views📖 2 min read

If it is true that the intention to harm must be assessed in the person of the authors of the article alleged to be defamatory, the existence of sufficient justificatory facts to establish the good faith of those authors has the effect of excluding both their liability and that of the publication directors of the press organs that relayed this article, provided that the disputed statements were reproduced without distortion and without any new element being invoked since the publication of the initial article

Reference decision: cc • N° 17-82.663 • 2018-05-07 • Consult the decision →

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

The situation

If it is true that the intention to harm must be assessed in the person of the authors of the article alleged to be defamatory, the existence of sufficient justificatory facts to establish the good faith of those authors has the effect of excluding both their liability and that of the publication directors of the press organs that relayed this article, provided that the disputed statements were reproduced without distortion and without any new element being invoked since the publication of the initial article

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Scrupulously comply with legal time limits for appeals
  • Keep all your supporting documents (deeds, instruments, correspondence)
  • Anticipate: 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: 17-82.663
  • Court: Cour de cassation
  • Decision of: 07 May 2018

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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