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If it follows from Article L
Droit Immobilier

If it follows from Article L

📅 Decision of 15 October 1991🔄 Updated on 5 October 2026⚖️ Cour de cassation👁️ 19 views📖 2 min read

If it follows from Article L. 242-1 of the Insurance Code and Annex II to Article A. 243-1 of that Code that the benefit of the "dommages-ouvrage" (works damage) insurance taken out by the project owner passes to successive owners, the project owner who, after the sale, paid the cost of the repairs may nevertheless claim the insurer's cover as subrogated to the rights of the owners.

Reference decision: cc • No. 88-15.626 • 15 October 1991 • View the decision →

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

The situation

If it follows from Article L. 242-1 of the Insurance Code and Annex II to Article A. 243-1 of that Code that the benefit of the "dommages-ouvrage" (works damage) insurance taken out by the project owner passes to successive owners, the project owner who, after the sale, paid the cost of the repairs may nevertheless claim the insurer's cover as subrogated to the rights of the owners.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory time limits for bringing an action
  • Keep all your supporting documents (title deeds, instruments, 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: 88-15.626
  • Court: Cour de cassation
  • Decision of: 15 October 1991

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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