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Any driver about to leave
Droit Immobilier

Any driver about to leave

📅 Decision of 29 August 2026🔄 Updated on 15 October 2026⚖️ Cour de cassation👁️ 37 views📖 2 min read

Any driver about to leave a road by a lane situated on his right must keep to the right-hand edge of the carriageway, except to take, in exceptional circumstances, the left-hand side after having taken precautionary measures and verified that he can do so without danger to others. Consequently, the decision which, to reject a claim for compensation, notes that a lorry, to follow the configuration of the premises, swerved to the left, and adds that it is not certain that the driver committed a causal fault, nor that he could have foreseen that another road user would overtake him on his right, is liable to be quashed.

Reference decision: cc • No. 77-16.062 • 1979-04-03 • Consult the decision →

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

The situation

Any driver about to leave a road by a lane situated on his right must keep to the right-hand edge of the carriageway, except to take, in exceptional circumstances, the left-hand side after having taken precautionary measures and verified that he can do so without danger to others. Consequently, the decision which, to reject a claim for compensation, notes that a lorry, to follow the configuration of the premises, swerved to the left, and adds that it is not certain that the driver committed a causal fault, nor that he could have foreseen that another road user would overtake him on his right, is liable to be quashed.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with legal time limits for appeals
  • Keep all your supporting documents (deeds, documents, correspondence)
  • Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation for €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: 77-16.062
  • 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.

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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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